Subdivision Ordinance-1998

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TABLE OF CONTENTS
SUBDIVISION ORDINANCE
OF
BEAUFORT, NORTH CAROLINA
Page
ARTICLE I. TITLE AND PURPOSE --------------------------------------- t
Section1. Title............................................................... 1
Section 2. Purpose............................................................... 1
ARTICLE II. AUTHORITY AND JURISDICTION ...................... 1
Section 1. Authority ............ ................ ..... ... ............. 1
Section 2. Jurisdiction............................................................ 1
ARTICLE III. PREREQUISITE TO PLAT RECORDATION
AND APPROVAL OF PUBLIC SERVICE .................................. 1
Section 1. Prerequisite to Plat Recordation ........................................... 1
Section 2. Approval of Public Services .............................................. 1
ARTICLE IV. LEGAL PROVISIONS ................................................... 2
Section
1.
Procedure for Plat Approval ..............................................
2
Section
2.
Statement by Owner ....................................................
2
Section
3.
Effect of Plat Approval on Dedications ............... ...... ............
2
Section
4.
Penalties for Violation ...... ..................... ........ ..........
2
Section
5.
Separability ................................... ................ ....
2
Section
6.
Variances..............................................................
3
Section
7.
Amendments..........................................................
3
Section
8.
Abrogation............................................................
3
Section
9.
Reenactment and Repeal of Existing Subdivision Ordinance .....................
3
Section
10.
Word Interpretation.....................................................
4
Section
11.
Effective Date .........................................................
4
ARTICLE V. DEFINITIONS ......................................................... 4
Section 1. "Subdivision" Defined ................................................... 4
Section 2. Other Definitions....................................................... 5

Page
ARTICLE VI. COMPLIANCE WITH OFFICIAL PLANS .................................. 8
Section 1. Thoroughfare Plans ..................................................... 8
Section 2. School Plans........................................................... 8
Section 3. Review by Other Agencies ............................................... 9
Section 4. Zoning and Other Plans .................................................. 9
ARTICLE VII. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS ...... 9
Section 1. General............................................................... 9
Section 2. Sketch Design Plan ..................................................... 9
Section 3. Preliminary Plat ....................................................... 11
Section 4. Final Plat............................................................ 13
ARTICLE VIII. IMPROVEMENT REQUIRED AND MINIMUM STANDARD OF DESIGN ..... 20
Section
1.
General..............................................................
20
Section
2.
Suitability of Land .....................................................
20
'
Section
3.
Sidewalks............................................................
21
Section
4.
Name of Subdivision...................................................
21
Section
5.
Historic Properties and Natural Assets .....................................
21
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Section
6.
Sedimentation Pollution Control ..........................................
22
Section
7.
Stormwater Drainage ...................................................
22
Section
8.
Water and Sewerage Systems ............................................
22
'
Section
9.
Streets..............................................................
23
Section
10.
Design Standards for Blocks. ........ ....................................
27
Section
11.
Design Standards for Lots ...............................................
28
Section
12.
Design Standards for Easements ..........................................
28
'
Section
13.
Design Standards for Boat Launching Ramps and Docks .......................
28
Section
14.
Placement of Monuments ... ...........................................
29
Section
15.
Construction Procedures ................................................
29
'
Section
16.
Oversized Improvements ................................................
30
ARTICLE IX.
PUBLIC FACILITIES ...................................................
30
Section
1.
Educational Areas .....................................................
30
'
Section
2.
Recreation Areas ......................................................
30
ARTICLE X.
PLANNED RESIDENTIAL DEVELOPMENT, GROUP DEVELOPMENT,
AND CLUSTER DEVELOPMENT .......................................
34
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Section1.
General..............................................................
34
Section
2.
Exceptions for Planned Developments .....................................
34

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ARTICLE I. TITLE AND PURPOSE
Section 1. Title.
This ordinance shall be known and maybe cited as the "Subdivision Regulations for Beaufort, North Carolina,"
and may be referred to as the subdivision regulations.
Section 2. Purpose.
The purpose of this ordinance is to establish procedures and standards for the development and subdivision of
land within the territorial jurisdiction of Beaufort. It is further designed to provide for the orderly growth and
development of Beaufort; for the coordination of streets and highways within proposed subdivisions with
existing or planned streets and highways and with other public facilities; for the dedication or reservation of
recreation areas serving residents ofthe immediate neighborhood within the subdivision and ofrights-of-way
or easements for street and utility purposes; and for the distribution of population and traffic in a manner that
will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the
general welfare. This ordinance is designed to further facilitate adequate provision for water, sewerage, parks,
schools, and playgrounds, and also to facilitate the further resubdivision of larger tracts into smaller parcels
of land.
ARTICLE H. AUTHORITY AND JURISDICTION
' Section 1. Authority.
This ordinance is hereby adopted under the authority and provisions ofthe General Statutes ofNorth Carolina,
' Article 19, Chapter 160A-371, Part 2, Subdivision Regulation.
Section 2. Jurisdiction.
' Cities and towns: The regulations contained herein, as provided in G.S. Article 19, Chapter 160A-371, Part
2, shall govern each and every subdivision within the j urisdiction of Beaufort, asdirected in the ordinance duly
' adopted by the Town of Beaufort Board of Commissioners and as may hereafter be adopted which would
amend, repeal or modify ordinances in effect at the time this subdivision ordinance is adopted.
ARTICLE III. PREREQUISITE TO PLAT RECORDATION AND
APPROVAL OF PUBLIC SERVICE
' Section 1. Prerequisite to Plat Recordation.
Afterthe effective date ofthis ordinance, each individual subdivision plat of land within the Town of Beaufort's
' jurisdiction shall be approved by the town Board of Commissioners.
Section 2. Approval of Public Services.
' No street shall be maintained by the Town of Beaufort nor street dedication accepted for ownership and
maintenance, no construction permits shall be issued, nor shall water, sewer or other town facilities or service
' be extended to or connected with any subdivision for which a plat is required to be approved unless and until
such final plat has been approved by the Town of Beaufort.

ARTICLE IV. LEGAL PROVISIONS I
Section 1. Procedure for Plat Approval.
'
After the effective date of this ordinance, no subdivision plat of land within the Town of Beaufort's planning
jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate agency,
as set forth in Article III, Section 1 of this ordinance, and until this approval is entered in writing on the face
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of the plat by the Mayor or head of that agency. The Register of Deeds shall not file or record a plat of a
subdivision of land located within the territorial jurisdiction of Beaufort that has not been approved in
accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat
'
if the recording would be in conflict with this section.
Section 2. Statement by Owner.
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The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a
statement on the plat stating whether or not any land shown thereon is within the subdivision regulation
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jurisdiction of any town.
Section 3. Effect of Plat Approval on Dedications.
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Pursuant to G.S. 16OA-374, the approval of a plat shall not be deemed to constitute or effect the acceptance
by the town or public ofthe dedication of any street or other ground, public utility line, or other public facility
,
shown on the plat. However, any Board of Commissioners may by resolution accept any dedication made to
the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands
or facilities are located within its subdivision -regulation jurisdiction. Acceptance of dedication of lands or
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facilities located within the subdivision -regulation jurisdiction but outside the corporate limits ofthe Town of
Beaufort shall not place on the town any duty to open, operate, repair, or maintain any street, utility line, or
other land or facility, and the Town of Beaufort shall in no event be held to answer in any civil action or
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proceeding for failure to open, repair, or maintain any street located outside its corporate limits.
Section 4. Penalties for Violation.
'
After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land
located within the territorial jurisdiction of this ordinance, thereafter subdivides his land in violation of this
ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a
subdivision of the land before the plat has been properly approved under the terms of this ordinance and
recorded in the office of the Carteret County registry of deeds, shall be guilty of a misdemeanor. The
descriptions by metes and bounds in the instrument oftransfer or other document used in the process of selling
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or transferring land shall not exempt the transaction for this penalty. The Town of Beaufort, through its
attorney or other official designated by the Board of Commissioners may enjoin illegal subdivision, transfer
or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction,
'
to fine and/or imprisonment, as provided by G.S. 160A-375.
Section 5. Separability.
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Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part
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thereof other than the part so declared to be unconstitutional or invalid.
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Section 6. Variances.
The Board of Commissioners may authorize a variance from these regulations when, in its opinion, undue
hardship may result from strict compliance. In granting any variance, the Board of Commissioners shall make
the findings required below, taking into account the nature ofthe proposed subdivision, the existing use of land
in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of
the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Board
of Commissioners finds:
(a) That there are special circumstances or conditions affecting said property such that the strict
application of the provisions of this ordinance would deprive the applicant ofthe reasonable
use of land.
(b) That the variance is necessary for the preservation and enjoyment of a substantial property
right of the petitioner.
(c) That the circumstances giving rise to the need for the variance are peculiar to the parcel and
are not generally characteristic of other parcels in the jurisdiction of this ordinance.
(d) That the granting of the variance will not be detrimental to the public health, safety, and
welfare or injurious to other property in the territory in which said property is situated.
Section 7. Amendments.
The Board of Commissioners may from time to time amend the terms ofthis ordinance, but no amendment shall
become effective, unless it shall have been proposed by or shall have been submitted to the Planning Board for
review and recommendation. The Planning Board shall have 30 days within which to submit its report. If the
Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the
amendment.
Section 8. Abrogation.
It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant
to law. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall
govern.
Section 9. Reenactment and Repeal of Existing Subdivision Ordinance.
This ordinance in part carries forward by reenactment some of the provisions of the [former] subdivision
ordinance of the Town of Beaufort adopted on June 25, 1979, and it is not the intention to repeal but rather to
reenact and continue in force such existing provisions so that all rights and liabilities that have accrued
thereunder are preserved and may be enforced. All provisions of the subdivision ordinance, which are not
reenacted herein, are hereby repealed.
All suits at law or in equity and/or all prosecutions resulting from the violation of any subdivision ordinance
heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not
be abated or abandoned by reason ofthe adoption ofthis ordinance, but shall be prosecuted to their finality the
same as if this ordinance had not been adopted; and any and all violations of the existing ordinance,
prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this
ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending
and/or which may heretofore have been instituted or prosecuted.

Section 10. Word Interpretation. I
For the purpose of this ordinance, certain words shall be interpreted as follows:
'
Words used in the present tense include the future tense.
Words used in the singular number include the plural and words used in the plural number include the singular,
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unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company, as well as an individual.
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The word "used for" shall include the meaning "designed for".
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The word "structure" shall include the word "building".
The word "lot" shall include the words "plot", "parcel", or "tract".
'
The word "shall" is always mandatory and not merely directly.
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Section 11. Effective Date.
This ordinance shall take effect and be in force from and after the 8th day of September, 1998. Duly adopted '
by the Board of Commissioners of the Town of Beaufort, North Carolina, this the 8th day of September,1998.
ARTICLE V. DEFINITIONS '
Section 1. "Subdivision" Defined. '
For the purpose ofthis ordinance, "subdivision" means all division of atract or parcel of land into two or more
lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or '
future) and includes all division of land involving the dedication ofa new street or a change in existing streets;
however, the following is not included within this definition and is not subject to any regulations enacted
pursuant to this ordinance. ,
(a) The combination or recombination of portions or previously platted lots where the total
number of lots is not increased and the resultant lots are equal to or exceed the standards of '
the Town of Beaufort, as shown in its subdivision regulations;
(b) The division of land into parcels greater than ten acres where no street right-of-way dedication
is involved; '
(c) The public acquisition by purchase ofstrips of land for the widening or opening ofstreets; and '
(d) The division of a tract in single ownership whose entire area is no greater than two acres into
not more than three lots, where no street right-of-way dedication is involved and where the '
resultant lots are equal to or exceed the standards of the Town of Beaufort, as shown in this
ordinance.
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' Section 2. Other Definitions.
' For the purpose of this ordinance, certain words or terms used herein shall be defined as follows:
Alley: A roadway easement which affords only a secondary means of access to abutting property and not
' intended for general traffic circulation.
Buffer strip: A buffer strip shall consist of an approved wall, fence or planted strip of such characteristics as
will provide an obscuring screen. The purpose of the buffer strip is to screen light, noise, odor, and dust. The
buffer shall be no less than six (6) feet in height, except when extending into a front yard, in which case the
buffer shall be a maximum of four (4) feet in height. If composed of planted material, the buffer strip shall
' be composed of evergreen trees, or a mixture of evergreen and deciduous trees at least ten (10) feet in width,
with trunks spaced not more than ten (10) feet apart, plus at least one (1) row of dense shrubs with main trunks
a maximum of five (5) feet apart using mature plants only.
' Buildingsetbackline: A line establishing the minimum allowable distance between the nearest portion ofany
building, excluding the outermost three (3) feet of any uncovered porches, decks, steps, chimneys, eaves,
' gutters, and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.
Cluster Development: A development design technique that concentrates residential buildings in specific areas
' on a site to allow the remaining land to be used for recreation, common open space, and preservation of
environmentally sensitive areas, historic, scenic vistas and natural areas.
' Condominium: Ownership of single units in a multi -unit structure with common areas and facilities developed
and submitted to condominium ownership, in accordance with Chapter 47A of the North Carolina General
Statutes.
' Condominium development: A project consisting of three or more condominium units in one or more multi-
unit buildings designed, developed, and constructed for unit ownership, in accordance with Chapter47A ofthe
' North Carolina General Statutes.
Dedication: A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a
' transfer of property rights is entailed, dedication must be made by written instrument, and is completed with
an acceptance.
' Double frontage lot: A continuous (through) lot which is accessible from both streets upon which it fronts.
Easement: A grant by the property owner of a strip of land for a specified purpose and use by the public, a
tcorporation, or persons.
Group housing: Includes apartments, condominiums, townhouses, and planned unit developments.
' Lot: Land area of defined boundaries in single ownership, set aside for separate use or occupancy, and recorded
as such in the office of the Carteret County Register of Deeds.
Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the Office of the
Register of Deeds of Carteret County prior to the adoption of this ordinance, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this ordinance.

Lot types: I
Corner lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street '
or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side
lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. The street
line forming the least frontage shall be deemed the front ofthe lot except where two (2) street lines are ,
equal, in which case the owner shall be required to specify which is the front when requesting a
building permit.
Interior lot: A lot other than a corner lot with only one frontage on a street. '
Through lot or a double frontage lot: A lot other than a corner lot with frontage on more than one
side street. Through lots abutting two streets may be referred to as double frontage lots. ,
Reversed frontage lot: A lot on which the frontage is at right angles or approximately right angles
(interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may '
also be a comer lot, an interior lot, or a through lot.
Official maps or plans: Any maps or plans officially adopted by the Board of Commissioners as a guide to '
the development of the Town of Beaufort.
Open space: All land area not covered by buildings, structures, parking areas, or street pavement. '
Plan: Any documented and approved program ofrecommended action, policy, intention, etc., which sets forth
goals and objectives along with criteria, standards and implementing procedures necessary for effectively '
guiding and controlling decisions relative to facilitating development and growth management. The plan is
sometimes referred to as "the land development plan."
Planned unit development: The planned unit development is a use regulated by the town's zoning ordinance
and designed to provide for developments incorporating a single type or a variety of residential and related uses
which are planned and developed as a unit. Such development may consist of individual lots or common '
building sites. Common land must be an element of the plan related to effecting the long-term value of the
entire development.
PlanningBoard.• The Planning Board is established and defined by the Town of Beaufort Zoning Ordinance. ,
Plat: A map or plan of a parcel of land which is to be, or has been subdivided. I
Private driveway: A roadway serving two or fewer lots, building sites or other division of land and not
intended to be public ingress or egress.
'
Private street: An undedicated private right-of-way which affords access to abutting properties and requires
a subdivision streets disclosure statement in accordance with G.S. 136-102.6.
'
Public sewage disposal system: A system serving two or more dwelling units and approved by the Carteret
County Division of the District Health Department of the Carteret County Health Department and the North
Carolina Department of Natural and Economic Resources.
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Public water supply: Any water supply furnishing potable water to ten or more residences or businesses, or
combination of residences or businesses. Approval by the Sanitary Engineering Division, State Board of
Health, Department of Human Resources is required.
Recreation area or park: An area of land or combination of land and water resources that is developed for
active and/or passive recreation pursuits with various manmade features that accommodate such activities.
Reservation: A reservation of land does not involve any transfer of property rights. It simply constitutes an
obligation to keep property free from development for a stated period of time.
Single -tier lot: A lot which backs upon a limited access highway, a railroad, a physical barrier, or anothertype
of land use and to which access from the rear is usually prohibited.
Street: A dedicated and accepted public right-of-way for vehicular traffic. The dedication of half streets at
the perimeter of a new subdivision is prohibited. Ifcircumstances render this impracticable, adequate provision
for the concurrent dedication of the remaining half of the street must be furnished by the subdivider. Where
there may exist a half street in an adjoining subdivision, the remaining half shall be provided by the proposed
development. The following classifications shall apply:
Rural roads. .
Major collector: A road which serves major intracounty travel corridors and traffic generators and
provides access to the arterial system.
Minor arterial: A rural link in a network joining cities and larger towns and providing intrastate and
intercounty service at relatively high (55 mph) overall travel speeds with minimum interference to
through movement. This network would primarily serve traffic.
Minor collector: A road which provides service to small local communities and links with locally
important traffic generators with their rural hinterland.
Local road.- A local road serves primarily to provide access to adjacent land and for travel over
relatively short distances.
Principal arterial: A rural link in a network ofcontinuous routes serving corridor movements having
trip length and travel density characteristics indicative ofsubstantial statewide or interstate travel and
existing solely to serve traffic. This network would consist of interstate routes and other routes
designed as principal arterials.
'
Urban streets.
'
Local street: A local street is any link not a higher -order urban system and serves primarily to provide
direct access to abutting land and access to higher systems. It offers the lowest level of mobility and
through traffic is usually deliberately discouraged.
Major thoroughfares: Major thoroughfares consist of interstate, other freeway and expressway links,
and major streets that provide for the expeditious movement ofvolumes of traffic within and through
urban areas.
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Minor thoroughfares: Minor thoroughfares are important streets in the city system and perform the
function ofcollecting traffic from local access streets and carrying it to the major thoroughfare system.
Minor thoroughfares may be used to supplementthe major thoroughfare system by facilitating aminor
thorough -traffic movement and may also serve abutting property.
Specific type rural or urban streets.
Alley: A strip of land, owned publicly or privately, set aside primarily for vehicular service access to
the back or side of properties otherwise abutting on a street.
Cul-de-sac: A cul-de-sac is a short street having but one end open to traffic and the other end being
permanently terminated and a vehicular turnaround provided.
Expressway: An expressway is a divided street or road which serves through traffic with full or partial
control of access and generally with grade separations at intersections; however, infrequent at -grade
crossings may be permitted.
Frontage road: A frontage road is a local street or road that is parallel to a full or partial access
controlled facility and functions to provide access to adjacent land.
Freeway: A freeway is a divided street or road which serves through traffic with full control ofaccess
and with grade separations at intersections.
Subdivider: Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision
as herein defined.
Townhouse development: Three or more attached single-family residences in one or more multi -residential
structures, with each townhouse or row house occupying its individual land area, with streets, drives,
recreational areas, open spaces and other facilities for ownership by the association of property owners within
a development.
ARTICLE VI. COMPLIANCE WITH OFFICIAL PLANS
Section 1. Thoroughfare Plans.
Where a proposed subdivision includes any partof a thoroughfare which has been designated as such upon the
officially adopted thoroughfare plan of the Town of Beaufort, such part of such thoroughfare shall be platted
by the subdivider in the location shown on the plan and at the width specified in this ordinance.
Section 2. School Plans.
This ordinance provides for the reservation of school sites in accordance with comprehensive land use plans
approved by the Board of Commissioners or the Planning Board. In order for this authorization to become
effective, before approving such plans, the Board of Commissioners or Planning Board and the Board of
Education with jurisdiction over the area shall jointly determine the specific location and size ofany school sites
to be reserved, which information shall appear in the comprehensive land use plan. Whenever a subdivision
is submitted for approval, which includes part or all of a school site to be reserved under the plan, the Board
of Commissioners or Planning Board shall immediately notify the Board of Education and the board shall
promptly decide whether it still wishes the site to be reserved. If the Board of Education does not wish to

reserve the site, it shall so notify the Board of Commissioners or Planning Board and no site shall be reserved.
If the board does not wish to reserve the site, the subdivision shall not be approved without such reservation.
The Board of Education shall then have 18 months beginning on the date of final approval of the subdivision
within which to acquire the site by purchase or by initiating condemnation to condemn the site. Ifthe Board
ofEducation has not purchased or initiated condemnation ofthe site within 18 months, the subdivider may treat
the land as freed of reservation.
Section 3. Review by Other Agencies.
The following agencies shall be given an opportunity to make recommendations concerning an individual
subdivision plat before the plat is approved:
(1) The district highway engineer as to proposed streets, highways, and drainage systems;
(2) The county health director as to proposed water or sewerage systems;
(3) The Coastal Area Management officer or Coastal Resources Commission ifthe rules and regulations
of the Coastal Area Management Act or the Coastal Resources Commission either require review or
the Board of Commissioners request their review;
' (4) Town building inspector;
(5) Any other agency or official designated by the Board of Commissioners.
' Section 4. Zoning and Other Plans.
' Similarly, proposed subdivisions must comply in all respects with the requirements ofthe zoning ordinance in
effect in the area to be subdivided, and any other officially adopted plans.
' ARTICLE VII. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 1. General.
' Pursuant to G.S. 160A-373 no final plat of a subdivision within the jurisdiction of the Town
p � o n of Beaufort, as
' established in Article II of this ordinance, shall be recorded by the Register of Deeds of Carteret County until
it has been approved by the Board of Commissioners, as provided herein. To secure such approval of a final
plat, the subdivider shall generally follow the procedures established in this article.
' Section 2. Sketch Design Plan.
Prior to preliminary plat application the subdivider shall submit to the Building Inspector/Zoning Officer a
' simple sketch plan of the proposed subdivision. The subdivider shall, at this time, discuss the proposed
development with the Building Inspector/Zoning Officer and become familiar with the regulations affecting the
land to be subdivided. This procedure does not require formal application or fee. Sketch plans shall conform
to the following requirements:
2.01. Number ofcopies andgraphic media. A minimum of two (2) copies of sketch design plan shall be
' submitted. No specific graphic media must be employed.

2.02. Size of plan and scale. No specific size or scale requirements apply to sketch design plans; it is
suggested that the requirements applicable to preliminary and final plats be utilized.
2.03. Administrativefees. No administrative fees are charged in connection with the submission of sketch
design plans.
2.04. Certification required. No certificates must be provided in connection with the submission of sketch
design plans.
2.05. Contents required. The sketch design plan shall depict or contain the following information:
2.05.01. A sketch vicinity map showing the location of the subdivision in relation to
neighboring tracts, subdivisions, roads, and waterways;
2.05.02. The boundaries of the tract and the portion of the tract to be subdivided;
2.05.03. The total acreage to be subdivided;
2.05.04. The existing and proposed uses of the land within the subdivision and adjoining it;
2.05.05. The proposed street and lot layout;
2.05.06. The name, address, and telephone number of the owner;
2.05.07. The name, if any, of the proposed subdivision;
2.05.08. Streets and lots of adjacent developed or platted properties;
2.05.09. The zoning classifications of the tract and of adjacent properties.
2.06. Review procedure. The Building Inspector/Zoning Officer shall review the sketch design plan for
general compliance with the requirements of this ordinance and the zoning ordinance; the Building
Inspector/Zoning Officer shall advise the subdivider or his authorized agent of the regulations
pertaining to the proposed subdivision and the procedures to be followed in the preparation and
submission ofthe preliminary and final plats. This review shall in no way be construed as constituting
an official action of approval for recording of the subdivision by the Planning Board or Board of
Commissioners, as required by this ordinance.
2.07. Disposition of copies. One copy shall be retained by the Building Inspector/Zoning Officer for his
records with the other copy being returned to the subdivider or his authorized agent.
2.08. Development near town waste treatment plant. Areas and lands that are located within 150 feet of
the Town of Beaufores sewage treatment plant property located off State Road 1412 shall not be
subdivided into commercial or residential building sites unless the subdivider presents the written
opinion and certification from the North Carolina State Board of Health, North Carolina Division of
Water Quality, or similar state agency, which certifies that said areas in close proximity to the sewage
treatment plant are suitable and safe for human habitation and use. Said areas may be used as open
space, roads, recreational areas, and similar uses which do not constitute a health hazard to persons
in close proximity to the sewage treatment plant.
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Section 3. Preliminary Plat.
' The subdivider, orthe subdivider's duly authorized agent, shall submit eight(8) copies ofthe preliminary plat,
and any supplementary materials, to the Planning Board at least 14 days prior to a regular meeting of that
board, for every subdivision of land which is located within the territorial jurisdiction established by Article
' II, Section 2 hereof.
3.01.
Number ofcopies and graphic media. Eight (8) copies of the preliminary plat shall be submitted; no
specific graphic media must be employed. Three (3) copies shall be disposed of as provided under
paragraph 3.07; five (5) copies shall be distributed for review as provided in paragraph 3.06.
'
3.02.
Size ofplat and scale. No specific size requirements apply to preliminary plats. Preliminary plats
shall be prepared at a scale of one inch equals 200 feet, or greater.
'
3.03.
Administrative fees. An administrative fee as set from time to time by the Board of Commissioners
shall be charged with the submission of preliminary plats. No fee shall be charged for sketch plan
submittal.
3.04.
Certifications required. No certifications must be provided in connection with the submission of
preliminary plats. (See Article VIII, section 8, regarding approval of utilities.)
'
3.05.
Contents required. The preliminary plat shall depict or contain the following information; lots not
illustrating or containing the following data shall be returned to the subdivider or his authorized agent
'
for completion and resubmission:
3.05.01. The proposed name of the subdivision;
3.05.02. A sketch vicinity map showing the relationship between the proposed subdivision and
the surrounding area at a scale of one inch equals 400 feet;
'
3.05.03. The boundaries of the tract or portion thereof to be subdivided, distinctly and
accurately represented, with all bearings and distances shown;
'
3.05.04. Scale denoted both graphically and numerically;
3.05.05. North arrow and declination;
3.05.06. The plans for proposed utility layouts, including sanitary sewers, storm sewers, water
'
distribution lines, natural gas, telephone and electrical service, illustrating connections
to existing systems. Plans for water supply and/or sewage disposal must be
accompanied by letters of preliminary approval by the appropriate county and state
'
authorities (See appendix I). Plans must show line sizes, the location offire hydrants,
blow -offs, manholes, pumps, force mains, and gate valves, and shall include profiles
based upon mean sea level datum for sanitary sewers and storm sewers;
'
3.05.07. Proposed street names; all streets must be designated either "public" or " private;"
3.05.08. The zoning classification(s) ofthe tractto be subdivided and on adjoining properties;
1
I
11

I
3.05.09. Proposed location and size of parks, school sites, or other recreational or open spaces,
if any, and their future ownership (dedication for public use to governmental body,
forowners to duly constituted homeowners or community association, orfortenants ,
remaining in subdividers ownership);
3.05.10.
Site calculations, including:
'
(1) Acreage in total tract to be subdivided;
(2) Acreage in parks and other nonresidential use;
(3) Total number of parcels created;
'
(4) Linear feet in streets;
3.05.11.
Proposed minimum building setback lines;
'
3.05.12.
The names ofowners ofadjoining properties and any adjoining subdivisions ofrecord
(or proposed and under review);
,
3.05.13.
Any proposed riding trails, natural buffers, pedestrian, bicycle, or other rights -of -
way, utility or other easements, their location, width, and purposes;
'
3.05.14.
Proposed streets, existing and platted streets on adjoining properties and in the
proposed subdivision, rights -of -way, pavement widths, approximate grades, design
'
engineering data for all corners and curves, and typical street cross sections. If any
street is proposed to intersect with a state -maintained road, the plat shall be
accompanied by an application for driveway approval, as required by the Department
,
of Transportation, Division of Highways' Manual on Driveway Regulations;
3.05.15.
Existing and proposed property lines, both on the tract to be subdivided and on
'
adjoining properties, building or other structures, water courses, railroads, bridges,
culverts, storm drains, both on the land to be subdivided and on the land immediately
adjoining, corporate limits, township boundaries, and county lines;
'
3.05.16.
Proposed lot lines, lot and block numbers, and approximate dimensions;
3.05.17.
,
Wooded areas, creeks, rivers, bodies of water, marshes, swamps, ponds or lakes,
streams or stream beds, and any other natural features affecting the site;
3.05.18.
The preliminary plat should be accompanied by a copy of any proposed deed
'
restrictions or similar covenants when deemed necessary by the Planning Board
(mandatory when private recreation areas are established);
'
3.05.19.
Date of plat preparation;
3.05.20.
The name(s) ofthe township(s), county, and state in which the subdivision is located;
'
3.05.21.
The name(s), address(es), and telephone number(s) of the owner(s), mortgagee(s),
registered surveyor(s), land planner(s), architect(s), landscape architect(s), and
'
professional engineer(s) responsible for the subdivision;
12

H
1
3.05.22. The name and location ofany property, within the proposed subdivision orwithin any
contiguous property, that is listed on or is eligible for listing on the U.S. Department
of Interior's National Register of Historic Places; likewise any propertythathas been
designated by local ordinance as an "historic property," pursuant to G.S. Chapter
160A, Article 19, Part 313, likewise any property that has been designated by local
ordinance as an "historic district," pursuant to G.S. Chapter 160A-400.4;
3.05.23. Environmental impact statement. Pursuant to Chapter 113A of the North Carolina
General Statutes, the Planning Board may require the subdivider to submit an
environmental impact statement with his preliminary plat if:
(1) The development exceeds two acres in area; and
(2) If the board deems it necessary due to the nature of the land to be
subdivided, or peculiarities in the proposed layout;
3.05.24. All information and data required by the duly adopted flood ordinance as amended
for the Town of Beaufort;
3.05.25. Any other information considered by either the subdivider or the Planning Board to
be pertinent to the review of the preliminary plat; i.e., topographic map showing
vertical contours every five feet.
3.06. Reviewprocedure. The Planning Board shall review and take action on each preliminary plat within
30 days after first consideration by the Planning Board. First consideration shall be at the next
regularly scheduled meeting of the Planning Board that follows at least 14 days after the plat is
submitted. Before taking final action on the plat, the Planning Board shall refer copies of the plat and
any accompanying material to those public officials and agencies concerned with the new development
including but not limited to Town Manager, Carteret County Health Department, the District Engineer
of the N.C. Department of Transportation (four copies), town building inspector, CAMA officer or
Coastal Resources Commission, and the appropriate county soil conservation service office, forreview
and recommendation.
3.07. Disposition of copies. If the plat is approved, approval shall be noted on at least three copies of the
plat by the Planning Board secretary. One copy shall be transmitted to the Town Clerk who shall
retain it for public examination, one copy shall be returned to the subdivider, and one copy shall be
retained by the Planning Board. If the preliminary plat is disapproved, the Planning Board shall
specify the reasons for such action in writing. One copy of such reasons shall be retained by the
Planning Board, one copy shall be given to the subdivider, and one copy shall be transmitted to the
Town Clerk. If the preliminary plat is disapproved, the subdivider may make the recommended
changes and submit a revised preliminary plat, or appeal the decision to the Board of Commissioners.
Section 4. Final Plat.
4.01. Improvements installation or guarantees. Upon approval of the preliminary plat by the Planning
Board, the subdivider may proceed with the preparation of the final plat, and the installation or
arrangement for required improvements in accordance with the approved preliminary plat and the
requirements of this ordinance. Prior to approval of a final plat, the subdivider shall have installed
improvements specified in this ordinance or guaranteed their installation as provided.
13

4.02. Performance guarantee. In lieu of prior construction ofthe improvements required by this ordinance,
the Town of Beaufort may, for the purpose of approving a final plat, accept a guarantee from the
subdivider that such improvements will be carried out according to the Town of Beaufort's
specifications at his expense. Such guarantee may be in the form of a surety bond made by a surety
company licensed to do business in North Carolina or certified check in favor ofthe Town of Beaufort,
or cash deposited with the Town of Beaufort. Such guarantee shall be in an amount of not less than
100 percent nor more than 125 percent of the estimated cost of the construction of the required
improvements. Performance guarantees shall run for a period of one year and maybe renewed once
for a period of one year upon written approval from the Board of Commissioners.
4.03. Defects guarantee. The Board ofCommissioners shall require a bond guaranteeing utility taps, curbs,
gutters, street pavement, sidewalks, drainage facilities, water and sewer lines, and other improvements
against defects for one year. This bond shall be in the amount determined by the director of public
works or consulting engineer and shall be in cash or be made by a surety company authorized to do
business in North Carolina.
4.04. Maintenance guarantee. The Town Clerk shall secure from all subdividers a letter in which said
subdivider shall agree to maintain the backfill and any improvements located thereon and therein, and
any ditch which has been dug in connection with the installation of such improvements. Such letter
shall be binding on the subdivider for a period of one year after the acceptance of such improvements
by the Town of Beaufort.
4.05. Final plat review contingent upon execution ofguarantees. No final plat will be accepted for review
bythe Planning Board orBoard of Commissioners unless accompanied by written notice bythe Town
Manager acknowledging compliance with this ordinance.
4.06. The Final plat. The final plat shall constitute only that portion of the preliminary plat which the
subdivider proposes to record and develop at the time; such portion shall conform to all requirements
of this ordinance.
4.06.01. No final plat shall be approved unless and until the subdivider shall be [sic] installed
in that area, represented on the final plat, all improvements required bythis ordinance
or shall have guaranteed their installation, as provided for in paragraphs 4.01, 4.02,
and 4.03 thereof.
4.07. Plat submitted. The subdivider shall submit the final plat, so marked, to the Town Manager or his
designee not less than 14 days prior to the Planning Board meeting at which it will be considered for
approval; further, the plat shall be submitted not more than 12 months after the date on which the
preliminary plat was approved, otherwise such approval shall be null and void unless a written
extension ofthis time limit is granted by the Planning Board on or before the one-year anniversary of
the approval.
4.08. Plat prepared. The final plat shall be prepared by a surveyor or professional engineer licensed and
registered to practice in the State of North Carolina. The final plat shall substantially conform to the
preliminary plat as it was approved. The final plat shall conform to the provisions of plats,
subdivisions, and mapping requirements as set forth in General Statutes 47-30, as amended.
4.09. Number ofcopies and graphic media. Five (5) copies of the final plat shall be submitted; two (2) of
these shall be drawn in ink on linen or film suitable for reproduction; three (3) shall be black or blue
line paper prints.
14

' 4.10. Size ofpIat and scale. Final plats sha
ll have an outside marginal size of not more than 21 inches by
30 inches nor less than 8'/z inches by 11 inches, including 1 % inch for binding on the left margin and
' one-half inch border on each of the other sides. Where size of land areas or suitable scale to assure
legibility require, maps may be placed on two or more sheets with appropriate match lines. Final plats
shall be drawn at a scale of one inch equals 200 feet, or greater.
' 4.11. Administrative fees. Submission of the final plat must be accompanied by an administrative fee as
set forth from time to time by the Board of Commissioners.
4.12. Certification required. The following signed certificates shall appear on all copies of the final plat
which are submitted to the Planning Board by the subdivider:
' 4.12.01. Certificate of ownership and dedication. I hereby certify that I am the owner of the
property shown and described hereon, which is located in the subdivision jurisdiction
' of the Town of Beaufort and that I hereby adopt this plan of subdivision with my free
consent, established minimum building setback lines, and dedicate all streets, alleys,
walks, parks, and other sites and easements to public or private use as noted.
' Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the
Town of Beaufort.
Date Owner(s)
4.12.02. Certification of approval of water supply and sewage disposal systems. I hereby
' certify that the water supply and sewage disposal systems installed or proposed for
installation in Subdivision meet necessary public health
requirements (as described in Appendix 11 of the subdivision regulations) of
' Beaufort, and are hereby approved.
'
Date County Health Officer or
His Authorized Representative
(Certification 4.12.02 not required for subdivisions which are connected, or will be
connected, to existing publicly owned and operated water supply and sewage disposal
systems.)
4.12.03. Certificate ofsurveyand accuracy. I, certify that
this map was (drawn by me) (drawn under my supervision) from (an actual survey
made by me) (an actual survey made under my supervision) (deed description
'
recorded in Book , Page , Book , Page , etc.) (other); that the
error of closure as calculated by latitudes and departures is 1: ; that the
tin
boundaries not surveyed are shown as broken lines plotted from information found
Book , Page ; that this map was prepared in accordance with G.S. 47-30,
as amended. Witness my hand and seal this day of , A.D., 19_
'
or Surveyor Engineer
Y g
License or Registration Number
1
15

4.12.04. Certificate or approval of the design and installation of streets, utilities, and other
required improvements. I hereby certify that all streets, utilities and other required
improvements have been installed in an acceptable manner and according to the Town
of Beaufort specifications and standards in the
Subdivision or that guarantees ofthe installation ofthe required improvements in an
amount and manner satisfactory to the Town of Beaufort have been received, and that
the filing fee for this plat, in the amount of $ has been paid.
Date Town Manager
4.13. Contents required. The final plat shall depict or contain the following information; plats not ,
illustrating or containing the following data shall be returned to the subdivider or his authorized agent
for completion and resubmission:
4.13.01. The name of the subdivision;
4.13.02. The exact boundary lines ofthe tract to be subdivided, fully dimensioned by lengths
and bearings, and the location of intersecting boundary lines of adjoining lands;
4.13.03. Scale denoted both graphically and numerically;
4.13.04. The plans for utility layouts, including sewers, storm sewers, water distribution lines,
natural gas, telephone and electrical service, illustrating connections to existing
systems or plans for individual water supply systems and/or sewage disposal systems.
Plans must show line sizes, the location offire hydrants, blow -offs, manholes, pumps,
force mains, and gate valves;
4.13.05. Street names;
4.13.06. The location, purpose, and dimensions of areas to be used for purposes other than
residential;
4.13.07. . Minimum building setback lines;
4.13.08. The names ofowners ofadjoining properties andanyadjoining subdivisions ofrecord
(or proposed and under review);
4.13.09. The location and dimensions of all rights -of -way, utility or other easements, riding
trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public I
use, with the purpose of each stated;
4.13.10. Right-of-way lines and pavement widths of all streets, and the location and width of ,
all adjacent streets and easements;
4.13. 11. Property lines, buildings or other structures, watercourses, railroads, bridges, ,
culverts, storm drains, both on the land to be subdivided and on the land immediately
adjoining, corporate limits, township boundaries, and county lines;
16

'
4.1 3.12.
Sufficient engineering data to determine readily and reproduce on the ground every
straight or curved boundary line, street line, lot line, right-of-way line, easement line,
'
and setback line, including dimensions, bearings, or deflection angles, radii, central
angles, and tangent distances for the centerline ofcurved streets and curved property
'
lines that are not the boundary of curved streets. All dimensions shall be measured
to the nearest one -tenth of a foot and all angles to the nearest
minute;
'
4.13.13.
The accurate locations and descriptions of all monuments, markers, and control
points;
4.13.14.
The blocks numbered consecutively throughout the entire subdivision and the lots
'
numbered consecutively throughout each block;
4.13.15.
The deed restrictions or any other similar covenants proposed for the subdivision, if
'
any,
4.13.16.
The date of the survey and plat preparation;
'
4.13.17.
North arrow and declination;
'
4.13.18.
All certifications as required by Section 4.12 of this article;
4.13.19.
The name(s) of the township(s), county(s), and state in which the subdivision is
'
located;
4.13.20.
The name and location of any property, within the subdivision or within any
'
contiguous property, that is listed on or is eligible for listing on the U.S. Department
ofInterior's National Register ofHistoric Places; likewise any propertythat has been
designated by local ordinance as a "historic property" pursuant to G.S. Chapter
160A, Article 19, Part 313; likewise any property that has been designated by local
'
ordinance as an "historic district" pursuant to G.S. Chapter 160A, Article 19, Part
3A;
'
4.13.21.
The name(s), address(es), and telephone number(s) of the owner(s), mortgagee(s),
registered surveyor(s), land planner(s), architect(s), landscape architect(s), and
professional engineer(s) responsible for the subdivision, and the registration
'
number(s) and seal(s) of the professional engineers and registered surveyors;
'
4.13.22.
Any other information considered by either the subdivider or the Planning Board to
be pertinent to the review of the final
plat.
'
4.14. Review procedure. Final plats shall be reviewed according to the following procedure:
4.14.011.
Planning Board review: The PlanningBoard shall approve or disapprove the final plat
PP PP
within 30 days of its first consideration. During its review of the final plat, the
'
Planning Board may appoint an engineer or surveyor to confirm the accuracy of the
final plat. If substantial errors are found, in the opinion of the Planning Board, the
costs shall be charged to the subdivider and the plat shall not be approved until such
'
errors have been corrected. If the Planning Board approves the final plat, such
' 17

approval shall be indicated on each copy of the plat by the following signed
certificate:
Certification of Approval by the Planning Board
The Beaufort Planning Board hereby approves the final plat for the
Subdivision.
Date Chairman, Beaufort Planning Board
If the Planning Board disapproves the final plat, the Planning Board shall state in
writing its reasons for such action, specifying the provisions of this ordinance with
which the plat does not comply. One copy of this statement shall be transmitted to
the subdivider within 15 days of disapproval; one copy shall be retained by the
Planning Board as a part of its proceedings; and one copy shall be sent to the Town
Clerk. If the final plat is disapproved, the subdivider may make such changes as will
bring the plat into compliance with the provisions of this ordinance and resubmit
same for reconsideration by the Planning Board.
If the Planning Board fails to approve or disapprove the final plat within 30 days
after first consideration, as previously defined in paragraph 3.06, such failure shall
be deemed approval and shall constitute grounds forthe subdivider to apply for final
approval by the Board of Commissioners.
4.14.02. Board ofCommissioners review: The Board ofCommissioners shall reviewthe final
plat with the recommendations ofthe Planning Board and shall approve or disapprove
the plat within 45 days after it has been received from the Planning Board.
Ifthe Board ofCommissioners approves the final plat, such approval shall be shown
on each copy of the plat by the following signed certificate:
Certificate of Approvalfor Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with
the Subdivision Regulations for Beaufort, North Carolina, and thatthis plat has been
approved by the Board of Commissioners for recording in the office of the Register
of Deeds of Carteret County.
Date Town Clerk Beaufort
If the final plat is disapproved by the Board of Commissioners, the reasons for such
disapproval shall be stated in writing, specifying the provisions ofthis ordinance with
which the final plat does not comply. One copy of such reasons shall be retained by
the Board of Commissioners as a part of its proceedings; one copy shall be
transmitted to the Planning Board; and one copy shall be transmitted to the
subdivider. If the final plat is disapproved, the subdivider may make such changes
as will bring the final plat into compliance with this ordinance and resubmitsame for
reconsideration by the Board of Commissioners.
11
1.
1
18

4.15. Effect ofplat approval on dedications. The approval of a final plat shall not be deemed to constitute
or effect the acceptance by the Town ofBeaufort ofthe dedication of any street or other ground, public
' utility line, or other public facility shown on the plat.
' However, the Town of Beaufort may by resolution of the Board of Commissioners accept any
dedication made to the public of lands or facil ities for streets, parks, public utility lines, or other public
purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. All
' streets must be designated either "public" or "private." Acceptance ofdedications of lands or facilities
located within the subdivision regulation jurisdiction but outside the corporate limits ofthe town shall
not require the town to open, operate, repair, or maintain any street utility line or other land or facility,
and the town shall in no event be responsible in any civil action or proceeding for failure to open,
' repair, or maintain any street located outside its corporate limits.
4.16. Disposition of copies. If the final plat is approved by the Board of Commissioners, the original
' tracing and one print ofthe plat shall be returned to the subdivider. One reproducible tracing and one
print shall be filed with the Town Clerk, and one print shall be retained by the Planning Board.
' 4.17. Recording of the final plat. The subdivider shall file the approved final plat with the Register of
Deeds of Carteret County for recording within 60 days after the date of Board of Commissioners'
approval; otherwise, such approval shall be null and void.
' 4.18. Resubdivision procedures. For any replotting or resubdivision of land, the same procedures, rules and
regulations shall apply, as prescribed here, for an original subdivision. Lot sizes may, however, be
' varied on an approved plan after recording, provided that (a) no lot or tract of land shall be created
or sold that is smaller than the size shown on the approved plat; (b) drainage, easements or rights -of -
way shall not be changed; (c) street alignment and block sizes shall not be changed; (d) the property
' line between the back of the lots shall not be changed; (e) the rear portion or lots shall not be
subdivided from the front part; (f) the character of the area shall be maintained.
t 4.19. Plat may be required on any subdivision of land. Pursuant to G.S. 16OA-372, the Board of
Commissioners may require ofthe subdivider that a plat be prepared, approved, and recorded pursuant
to the provisions of this ordinance whenever any subdivision of land takes place.
1
19

ARTICLE VHI. EVIPROVEMENT REQUIRED AND MINIMUM STANDARD OF DESIGN
Section 1. General.
Each subdivision shall contain the following improvements, depending on the proposed lot sizes as expressed
in the following chart:
Improvements Required
Lot Areas in 1,000 Square Feet
20. 15.
10.
8 and 8A.
5.
Multi -
Family/
Group
(A)
Graded streets and lots
X
X
X
X
X
X
(B)
Drainage
X
X
X
X
X
X
(C)
Central water and
X
X
X
X
X
X
hydrants
(D)
Public sewer
X
X
X
X
X
X
(E)
Paved Streets
X
X
X
X
X
X
(F)
Max. street grade
8%
8%
6%
5%
5%
5%
(G)
Sidewalks one side
X
X
X
(H)
Sidewalks both sides
X
X
X
(I)
Curb and gutter
X
X
X
X
X
(J)
Street lights
X
X
X
X
(K)
Street trees
X
X
X
X
(L)
Underground wiring
X
X
X
X
X
X
Section 2. Suitability of Land.
Land subject to flooding, improper drainage, erosion or that is for topographical or other reasons unsuitable
for residential use, as determined by the Planning Board, shall not be platted for residential use nor for any
other uses that wil l continue or increase the danger to health, safety, or property unless the hazards can be and
are corrected:
2.01. Prevention offlood damage. Lands known to be within a floodp lain or any area known to be subject
to flooding shall be so identified on the preliminary plat. Appropriate deed restrictions shall be filed
forthose lands subject to flooding, prohibiting their development for dwelling or other uses unless the
sites are flood -protected as follows:
(1) No structures or fill shall be placed in the floodway which would interfere with the natural
watercourse.
20

t (2) Streets and utility lines and structures may be placed within the floodplain only if their
elevation is raised above maximum flood heights or if they are otherwise flood -protected.
(3) Dwellings and self-contained sewage disposal units (if used) shall be built at an elevation
' above maximum flood heights.
(4) The subdivision drainage system shall be designed to prevent increased flood flows due to
' newly developed impervious surfaces and other factors.
(5) Other applicable provisions of the flood ordinance for the Town of Beaufort are adhered to
' in the design and construction of the subdivision plan and improvements located therein.
2.02. Fill areas. Areas that have been used for the disposal of solid waste shall not be subdivided into
commercial or residential building sites unless the subdivider presents the written opinion and
certification of a registered engineer or architect that these areas are safe and that the construction of,
buildings and improvements in the area will not be affected because of the previous use of said area.
' This shall include those areas that have been used forthe disposal oftrash, demolition waste, and other
waste materials.
' Section 3. . Sidewalks.
Sidewalks required by Article VIII, Section 1 shall be constructed to a minimum width of four feet, and shall
' consist ofa minimum thickness of four inches ofreinforced concrete. All sidewalks shall be placed in the right-
of-way, unless the development is platted as a planned unit or group development.
' Section 4. Name of Subdivision.
The name of a subdivision shall not duplicate nor closely approximate the name of an existing subdivision
' within the Town of Beaufort.
Section 5. Historic Properties and Natural Assets.
' In any subdivision, due consideration will be given to safeguard the heritage of the Town of Beaufort by
preserving any archaeological site or any property therein, or located on adjacent property thereto, that
embodies important elements of its cultural, social, economic, political or architectural history; and likewise
all due consideration should be given to promoting the use and conservation of such property forthe education,
pleasure, and enrichment of the residents of the Town of Beaufort and the State ofNorth Carolina as a whole.
' It is a requirement of this ordinance that the name and location of all historic properties, located within the
proposed subdivision or within any contiguous property, be clearly identified on both the preliminary and final
plats. If any such historic property is listed on the U.S. Department of Interior's National Register of Historic
Places; likewise any property that has been designated by local ordinance as a "historic property," pursuant
to G.S. Chapter 160A, Article 19, Part 313; likewise any property that has been designated by local ordinance
as a "historic district," pursuant to G.S. Chapter 160A, Article 19, Part 3A; the Planning Board may provide
that the following agencies be given an opportunity to make recommendations concerning an individual
' subdivision plat before the plat is approved:
1. The N.C. Department of Cultural Resources, Division of Archives and History;
1
21

1
2. Any local historic properties commission appointed under the provisions of G.S.16OA-399.2; '
or
3. Any local historic district commission appointed under the provisions of G.S. 16OA-396.
Furthermore, in any subdivision, due consideration will be given to preserving natural features
such as trees, ponds, streams, rivers, and lakes which are of value not only to the subdivision ,
but to the Town of Beaufort as a whole.
Section 6. Sedimentation Pollution Control. I
In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other
drainage networks, the subdivider shall comply with all requirements of the "North Carolina Sedimentation I
Pollution Control Act of 1973" and any local sediment control ordinances.
Section 7. Stormwater Drainage. '
The subdivider shall provide an adequate drainage system for the proper drainage of all surface water. The
design of such a system shall be subject to the approval of the Planning Board and Board of Commissioners: '
7.01. No surface water shall be channeled or directed into a sanitary sewer.
7.02. Where feasible, the subdivider shall connect to an existing storm drainage system. '
7.03. Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface
drainage system shall be designed to protect the proposed development from water damage. ,
7.04. Surface drainage courses shall have side slopes ofat least three feet of horizontal distance for each one
foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area '
without flooding.
7.05. The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least I
one foot in each 300 feet of horizontal distance.
7.06. All streets abutting lots of 12,000 square feet or less shall have curbs and gutters constructed to
Department of Transportation standards. The Planning Board may require curbs and gutters on streets
abutting larger lots if it is deemed appropriate for the control of surface drainage and/or to facilitate
street cleaning and maintenance.
'
Section 8. Water and Sewerage Systems.
The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and
,
system of water supply and sanitary sewage collection and disposal:
8.01. Where the system is to be connected to the system owned and operated by the Town of Beaufort, or
,
sanitary district, but not constructed bythe municipalities or county, the preliminary subdivision plat
shall be accompanied by a complete set of construction plans for the proposed system, prepared by
a registered engineer, and approved by the engineer ofthe public sewer system or public water system,
'
and the appropriate state agency. Water supply systems should be approved by the water and fire
departments as to location of hydrants and size of mains. No mains shall be less than eight inches
inside diameter, and they shall be laid out so as to create a complete circuit, with no dead end lines in
'
22
1

1
excess of 300 feet. A blowout shall be placed at the dead end. Water and sewer lines should be
' installed in the street rights -of -way where possible.
8.02. Where the proposed system does not contemplate the use of facilities owned and operated by any of
' the above, the proposed facilities shall be approved by the appropriate agency. (N.C. Department of
Human Resources, N.C. Department ofNatural and Economic Resources, and Carteret CountyBoard
of Health.)
' 8.03. Where public or community water supply and/or sewerage systems are not available or to be provided,
a written statement from the Carteret County Health Department shall be submitted with the
preliminary plat indicating that each lot has adequate land area and soil conditions suitable to
' accommodate the proposed methods of water supply and sewage disposal. The statement from the
health department shall be based upon a field investigation. The field investigation for sewage disposal
shall include a sufficient number of percolation tests (at least one per acre) to determine the absorption
' capacity ofthe soil and test holes at least six feet deep (as needed) to determine the depth to the ground
water table, and the presence of rock formations or other impervious strata.
' Section 9. Streets.
9.01. Coordination and continuation of streets. The proposed street layout within a subdivision shall be
coordinated with the existing street system of the surrounding area and, where possible, existing
principal streets shall be extended.
' 9.02. Access to adjacentproperties. Where, in the opinion ofthe Planning Board, it is necessary to provide
for street access to an adjoining property, proposed streets shall be extended by dedication to the
boundary of such property and a temporary turn -around shall be provided.
' 9.03. Private streets and reserve strips. Private streets or reserve strips shall be prohibited unless otherwise
provided for in this ordinance.
' 9.04. Subdivision street disclosure statement - 'public " or private street -designation (G. S. 136-102.6).
All streets shown on the final plat must be designed either "public" or "private," and designation as
' "public" is to be conclusively presumed an offer of dedication to the public.
9.05. Marginal access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the
subdivider may be required to provide a marginal access street parallel to the arterial street or reverse
frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage
is established, private driveways shall be prevented from having direct access to the expressway.
' 9.06. Street names. Proposed streets which are obviously in alignment with existing streets shall be given
the same name. In assigning new names, duplication ofexisting names shall be avoided, and in no case
shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix
' such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the
Planning Board.
9.07. Collector and minor street. Collector and minor streets shall be so laid out that their use by through
traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient
access to parks, playgrounds, schools, and other places of public assembly.
23

9.08. Design standards. The design of all streets and roads within the Town of Beaufort shall be in
'
accordance with the accepted policies of the North Carolina Department of Transportation, Division
of Highways, as taken or modified from the American Association of State Highway Officials'
(AA.SHO) manuals. The provision of the street rights -of -way shall conform and meet the
,
requirements of the thoroughfare plan for the Town of Beaufort, as approved by the Planning Board
and adopted by the Board of Commissioners and the North Carolina Department of Transportation,
Division of Highways. The proposed street layout shall be coordinated with the existing street system
'
of the surrounding area. Where possible, proposed streets shall be the extension of existing streets.
The urban planning area boundary [is] as depicted on the mutually adopted Town of Beaufort
thoroughfare plan. The rural planning area shall be that area outside the urban planning boundary.
,
9.09. Right-of-way widths. Right-of-way widths shall not be less than the following and shall apply except
in
those cases where right-of-way requirements have been specifically set out in the Town ofBeaufort
'
thoroughfare plan.
9.09.01 Rural Right-of-way (feet) '
Principle arterial
Interstate 400
'
Other 200
Minor arterial 100
'
Major collector 100
Minor collector 70
Local road 50
9.09.02 Urban Right-of-way (feet)
'
Major thoroughfare other than freeway and 90
expressway
Minor thoroughfare
,
70
Local street 50
Cul-de-sac 100' diameter for
'
turnaround
9.10. 100feet maximum. The subdivider will only be required to dedicate a maximum of 100 feet of right-
of-way. In cases where over 100 feet of right-of-way is desired, the subdivider will be required only
'
to reserve the amount in excess of 100 feet. In all cases in which right-of-way is sought for an access
controlled facility, the subdivider will only be required to make a reservation.
9.10.01.
'
Curb and gutter: Two (2) types of curb and guttering will be allowed; either straight
� g g
back or roll back. Either type shall be made of approved materials.
Straight back
'
curbing shall have a minimum width of thirty (30) inches for major
streets and a minimum of twenty-four (24) inches for secondary streets. Rollback
type curbing shall have a minimum width of twenty-four (24) inches.
,
24

' 9.11
1
7
Pavement widths. Pavement widths or graded widths shall be as follows:
Principal arterials
Minor arterials
Major collector
Minor collector
Local road
Marginal access (frontage)
Cul-de-sac
Cul-de-sac turnaround
Streets with curb and
gutter (measured
face-to-face curb)
52 feet
44 feet
44 feet
32 feet
28 feet
28 feet
28 feet
80 ft. in dia.
Streets without
curb and gutter
48 feet
40 feet
40 feet
24 feet
24 feet
24 feet
24 feet
80 ft. in dia.
9.12. Roads and street surfaces. All subdivision streets and roads shall be constructed to meet the current.
requirements of the North Carolina Department of Transportation, Division of Highways' standards
for state maintenance.
9.13. Tangents. A tangent of at least 100 feet shall be provided between reverse curves on all streets.
9.14. Street intersections. Street intersections shall be laid out as follows:
9.14.01. All streets shall intersect as nearly as possible at right angles, and no street shall
intersect at less than 60 degrees.
9.14.02. Intersections with a major street shall be at least 1,000 feet apart measured from
centerline to centerline.
9.14.03. Where a centerline offset (jog) occurs at an intersection, the distance between
centerlines of the intersecting streets shall be not less than 125 feet.
9.14.04. Property lines at street intersections shall be rounded with a minimum radius of 20
feet. At an angle of intersection of less than 90 degrees, a greater radius may be
required.
9.14.05. Proper sight lines shall be maintained at all intersections of streets. There shall be a
clear sight distance of 150 feet for major streets and 75 feet for all other streets from
the pointof intersection, as measured along the centerline. No building orobstruction
shall be permitted in this area.
9.15. Hatfstreets. The dedication of half streets of less than 60 feet at the perimeter of a new subdivision
shall be prohibited. Ifcircumstances render this impracticable, adequate provision for the concurrent
dedication ofthe remaining half of the street must be furnished by the subdivider. Where there exists
a half street in an adjoining subdivision, the remaining half shall be provided by the proposed
development. However, a partial width right-of-way, not less than 60 feet in width, may be dedicated
when adjoining undeveloped property that is owned or controlled by the subdivider; provided that the
width or a partial dedication be such as to permit the installation of such facilities as may be necessary
1
25

to serve abutting lots. When the said adjoining property is subdivided, the remainder of the full
required right-of-way shall be dedicated.
9.16. Cul-de-sacs. Permanent dead end streets shall not exceed 500 feet in length unless necessitated by ,
topography and shall be provided with a turnaround having the dimensions stated hereinbefore.
9.17. Alleys. An alley shall be provided to the rear of all lots used for other than residential purposes. ,
Alleys are prohibited in residential blocks unless approved by the Planning Board. All alleys shall be
designed in accordance with the Department ofTransportation,Division ofHighways'specifications '
and standards and shall meet the following requirements:
Right-of-way width ........................................................ 20 feet '
Property line radius at alley intersection ....................................... 15 feet
Minimum centerline radius when deflection angle of more than ten degrees occurs ..... 35 feet
Minimum turnaround diameter of dead end alley (right-of-way width) ............... 80 feet '
9.18. Geometric characteristics. The standards outlined below shall apply to all subdivision streets
proposed for addition to the state highway system or municipal street system. In cases where a
subdivision is sought adjacent to a proposed thoroughfare corridor, the requirements of dedication and '
reservation discussed under right-of-way shall apply.
9.18.01. Design speed. The design speeds for subdivision type streets shall be: '
Rural
Desirable
(Minimum)
'
Minor collector road
Local
60
(50)
'
roads
50
(40)
Urban
Major thoroughfares other than freeway
'
Expressway
60
(40)
Minor thoroughfares
60
(40)
,
Local streets
35
(20)
9.18.02. Maximum and minimum grades. The maximum grades in percent shall be:
Type of 60 desirable 60 desirable 50 desirable 40 desirable ,
topography (50 minimum) (40 minimum) (40 minimum) (30 minimum)
Flat - NCDOT 3 3 4 5 '
Divisions
1, 2, 3, 4, (4) (5) (5) (6)
and 6 ,
The minimum grade in no case shall be less than 0.5%. Grades for 100 feet each way
from intersections should, not exceed five percent. '
26

9.19. Minimum sight distances. In the interest of public safety, the minimum sight distance applicable shall
be provided in every instance. Vertical curves that connect each change in grade shall be provided and
calculated using the following parameters. (General practice calls for vertical curves to be multiples
of 100 feet. Calculated lengths should be rounded up in each case).
Design speed, mph
30
40
50
60
Stopping sight distance
Stopping distance, ft.
200
275
350
475
Min. K* value for:
Crest vertical curve
28
55
85
160
Sag vertical curve
35
55
75
105
Passing sight distance
Passing distance, ft., 2 lane
800
1,300
1,700
2,000
Minimum K* value for crest
190
510
870
1,210
vertical curve
*K is a coefficient by which the algebraic difference in grade may be multiplied to determine the length
in feet of the vertical curve that will provide minimum sight distance.
9.20. Minimum degree of curve and related maximum superelevation.
Design speed, mph
Type of facility
Section
30
40
50
60
D
e
D
e
D
e
D
e
Rural
Minor collector
shoulder
7.50
0.08
5.00
0.08
C & G
5.50
0.02
3.50
0.02
Local road
shoulder
12.50
0.08
7.50
0.08
C & G
9.00
0.02
5.50
0.02
Urban
Major and minor
shoulder
11.50
0.06
4.00
0.06
thoroughfares
C & G
9.00
0.02
3.50
0.02
Local street
shoulder
21.00
0.060
11.50
0.06
C & G
17.0°
0.02°
9.00
0.02
D = Maximum allowable degree of curve.
e = Superelevation.
Section 10. Design Standards for Blocks.
10.01. General. The lengths, widths, and shapes of blocks shall be determined with due regard to: provision
of adequate building sites suitable to the special needs of the type of use contemplated; zoning
requirements as to lot sizes and dimensions; needs for vehicular and pedestrian circulation, control and
safety of street traffic; limitations and opportunities of topography; and convenient access to water
areas.
27

10.02. Block length. Blocks shall not be less than 400 feet nor more than 1,320 feet in length. '
10.03. Block width. Blocks shall have sufficient width to allow two tiers of lots of minimum depth except '
where single -tier lots are required to separate residential development from through vehicular traffic
or another type of use, or when abutting a water area.
10.04. Pedestrian crosswalks. Where deemed necessary by the Planning Board, a pedestrian crosswalk at
least 15 feet in width may be required to provide convenient public access to a public area such as a
park or school, or to a water area such as a stream, river, or lake. '
Section 11. Design Standards for Lots.
11.01. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be
appropriate forthe location ofthe subdivision and forthe type of development and use contemplated.
11.02. Subdivisions subject to zoning ordinance district regulations. Lots in subdivisions located within a
,
district specified by the zoning ordinance shall meet and conform to all size, dimension, and building
setback requirements of said zoning district.
11.03. Large tract orparcels. Where land is subdivided into larger parcels than ordinary building lots, such
parcels should be so arranged so as to allow for the opening of future streets and logical further
resubdivision.
'
Section 12. Design Standards for Easements.
'
Easements shall be provided as follows:
12.01. Utility easements. Easements for underground or aboveground utilities shall be provided where
t
necessary across lots or preferably centered on rear or side lot lines and shall be at least ten feet in
width.
'
12.02. Drainage easements. Where a subdivision is traversed b a stream or drainage way, an easement shall
Y g Y�
be provided conforming with the lines of such stream and of sufficient width as will be adequate for
the purpose.
'
12.03. Bufferstrips. A buffer strip at least ten feet in width maybe required by the Planning Board adjacent
to a major street or a commercial or industrial development. This strip shall be in addition to the
'
normally required lot dimension, shall be part ofthe platted lot, and shall be reserved forthe planting
of trees and shrubs by the owners.
Section 13. Design Standards for Boat Launching
,
Ramps and Docks.
All subdivisions adjoining a creek, river, or similar water area shall provide for public access to the water.
Such access shall include boat docks or boat launching ramps every one -quarter mile along the shoreline
'
adjacent to the subdivision. The purpose of these facilities is to serve properties within the subdivision. Such
facilities shall meet the lot area requirements, off-street parking requirements, and other applicable regulations
established by the zoning ordinance, and shall be directly accessible to a state ortown maintained street or road.
'
Where a public boat dock or launching ramp is provided by the state, county, or other agency within or
contiguous to the area to be subdivided, such facility may count toward meeting the requirements of this
section.
,
28

Section 14. Placement of Monuments.
' Unless otherwise specified by this ordinance, the Manual of Practice for Land Surveying, as adopted by the
N.C. State Board of Registration for Professional Engineers and Land Surveyors, under provisions of Section
16, Chapter 98 of the General Statutes of North Carolina, shall apply when conducting surveys for
subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers,
and property corner ties; to determine the location, design, and material of monuments, markers, control
corners, and property corner ties; and to determine other standards and procedures governing the practice of
' land surveying for subdivisions. The Suburban Land Survey (Class B) criteria shall apply to all subdivisions
in the Town of Beaufort jurisdiction area except for commercial and industrial surveys.
I
Section 15. Construction Procedures.
15,01. Commencement. No construction or installation of improvements shall commence in a proposed
' subdivision until the preliminary plat has been approved, and all plans and specifications have been
approved by the appropriate authorities.
' 15.02. Permits. No building or other permits shall be issued for erection of a structure on any lot not of
record at the time of adoption of this ordinance until all the requirements ofthis. ordinance have been
met.
15.03. Access. The administrator of the ordinance shall have access to premises and structures during
reasonable hours to make those inspections as deemed necessaryby him to ensure compliance with this
' ordinance.
15.04. Inspection. The subdivider, prior to commencing any work within the subdivision, shall make
' arrangements with the administrator of this ordinance to provide for adequate inspection. The
approving authorities having jurisdiction or their representatives shall inspect and approve all
completed work prior to release of the sureties.
' 15.05. Erosion control. The subdivider shall cause all grading, excavations, open cuts, side slopes, and other
land surface disturbances to be so mulched, seeded, sodded, or otherwise protected to comply with the
provisions of Article VIII, Section 2.
15.06. Existing flora. The subdivider shall make every effort to protect and retain all existing trees,
shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation
sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be
protected and preserved during construction in accordance with sound conservation practices
' recommended by the U.S. Department of Agriculture in Agricultural Information Bulletin No. 285,
Protecting Trees Against Damage From Construction Work, U.S. Government Printing Office,1964.
Such trees are to be preserved by wel I islands or retaining walls whenever abutting grades are altered.
' Temporary vegetation and mulching shall be used to protect critical areas, and permanent vegetation
shall be installed as soon as practical.
15.07. Construction. Construction at any given time shall be confined to the smallest practical area and for
' the shortest practical period of time.
1
29

Section 16. Oversized Improvements. '
The Town of Beaufort may require installation of certain oversized facilities such as water mains in excess of ,
eight -inch diameter, when it is in the interest of future development. The Town of Beaufort shall pay for that
portion of the improvement which exceeds the standards set forth in this ordinance.
ARTICLE IX. PUBLIC FACILITIES
Section 1. Educational Areas. '
When a preliminary subdivision plat is submitted for approval in which, according to the land use plan, a '
school site should be reserved, the Planning Board shall notify the Carteret County Board of Education that
the subdivision has been submitted for approval and that under the ordinance a school site may be reserved
therein. In reviewing the subdivision and giving approval thereto, the Planning Board shall consult the Board '
of Education in determining the exact size and location of any school site to be reserved therein. Before the
final plat of the subdivision is approved, the Board of Education shall determine whether or not it wishes to
have a school site reserved in the subdivision. If the Board of Education wishes to have a school site reserved '
in the subdivision, the subdivision as finally approved shall reserve a school site ofa size and location agreeable
to the Board of Education and to the Planning Board. The Board of Education shall then have 18 months
beginning on the date of final approval of the subdivision within which to acquire the site. If the Board of
Education has not purchased or begun proceedings to acquire the site within 18 months after the subdivision '
is finally approved, the subdivider may treat the lands as freed of the reservation. If the Board of Education
does not wish to have a school site reserved, the subdivider shall be immediately notified that he may proceed
with the disposition ofthe land in question in accordance with the subdivision procedures and provisions ofthis '
ordinance.
Section 2. Recreation Areas.
'
2.01. Every person or corporation who subdivides land for residential purposes shalt be required to dedicate
or reserve a portion ofsuch land, as set forth in this ordinance, for the purpose of providing open space
'
sites, recreation areas, or parks to serve the future residents of the neighborhood within which the
subdivision is located. As an alternative to the dedication of a portion of such land by the subdivider,
and/or where it is determined by the Planning Board and Board of Commissioners that a dedication
of land is not feasible in a given plat or incompatible within the Town of Beaufort land development
plan, the subdivider may make provisions for an equitable amount of land in another location, orpay
to the Town of Beaufort a fee in lieu of dedication, as provided herein.
'
2.02. The land dedicated under this ordinance or any provisions made underthis ordinance shall be used only
for the purpose of providing parks and recreation areas, and the location of the land shall bear a
reasonable relationship to the use ofthe area by the future inhabitants ofthe subdivision or residential
'
development.
2.03. The amount of land required to be dedicated or reserved by a subdivider or developer shall be based
'
upon the most recent U.S. Bureau of Census figures for an average size family forthis particulartown
and a minimum park and recreation standard factor of eight acres per 1,000 persons. The actual
amount of land to be dedicated or reserved shall be determined by the following formula:
'
1
30

**Average
Amount (acreage)
Total number of dwelling X size of X .008 acres per X
*Variable
= dedication or
'
units or lots family person
multiple
reservation
Examples:.
'
200 Units or Lots X 3.3 X .008 X
1.2
= 6.33 Acres
27 Units or Lots X 4.1 X .008 X
0.7
= .619 Acres
'
50 Units or Lots X 2.3 X .008 X
1.4
= 3.86 Acres
* Variable density factor
'
**Average size of family is computed on the basis of average size family in the municipality
or county as indicated in the latest decennial census.
VARIABLE DENSITY FACTOR TABLE
Acreage average per
dwelling unit or lot
.0 -.1
.1-.2
.2 -.3
.3 -A
.4 -.5
.5 -.6
.6 -.7
.7 -.8
.8 -.9
.9 - Over
Variable multiple
1.8
1.6
1.4
1.2
1.0
0.9
0.8
0.7
0.6
0.5
Acreage average per dwelling unit or lot is computed by dividing the combined total acreage of all
dwelling units or lots by the number of dwelling units or lots. For computation purposes, land
dedicated or reserved for other purposes such as streets, sidewalks, access alleys, utilities, drainage,
or other purposes may not be used in determining average acreage.
The variable densityfactor is designed to provide an adjustment to subdivision plats which contains
average lot sizes of .5 acre and above. This adjustment is used since subdivisions with larger lots
contain more open space, and thus fewer residents, which creates less demand for public recreation
and park acreage. Conversely, those subdivision plats that create lots, which average less than .4 acre,
are adjusted due to the density of development and inherent increased demand for more public
recreation and park land. The adjustments for larger lots or for small lots are based on a sliding scale
reflecting degree of density.
The requirements as outlined here apply to single-family units, multiple -family units (including
apartments, condominiums and cooperative units), and mobile homes.
31

The minimum amount of land that shall be dedicated or reserved for recreation, parks, or open space
in all subdivision plats shall be one-half acre for each subdivision, five percent of the gross acreage,
or eight acres per 1,000 persons whichever is greatest.
2.04. Criteria for evaluating suitability of proposed recreation, park, and open space areas shall include but
not be limited to the following, as determined by the governing board after recommendations of the
Planning Board. The Planning Board shall consult with the recreation/park commission or advisory
committee and/or recreation/park administrator priorto making its recommendation pursuantto this
subsection:
2.04.01. Unity. The dedicated land shall form a single parcel of land except where the
Planning Board determines that two parcels or more would be in the public interest
and may also determine that a connecting corridor of open space is in the public
interest, and in which case the path shall not be less than 30 feet wide for the purpose
of accommodating a path or trail.
2.04.02. Shape, topography, and subsoils. The shape, topography, and subsoils of the
dedicated or reserved parcel or parcels of land shall be such as to be usable for active
recreation (play areas, ballfields, tennis courts, or similar recreation uses).
2.04.03. Location. The dedicated or reserved recreation or park land shall be located so as to
reasonably serve the recreation needs ofthe subdivision forwhich the dedication was
made.
2.04.04. Accessibility. Public access to the dedicated land shall be provided either by an
abutting street or public easement. Such easement shall be not less than 30 feet wide.
2.04.05. Usability. The dedicated or reserved land shall be usable for recreation: lakes may
not be included in computing dedicated or reserved land area unless acceptable to the
Planning Board. Where the park and recreation commission or committee and the
Planning Board determine that recreation needs are being adequately met, either by
other dedicated or reserved parcels or existing recreation facilities, then land that is
not used for recreation may be dedicated or reserved as open space.
2.04.06. Plans. Municipal and county plans shall be taken into consideration when evaluating
land proposals for dedication.
2.04.07. Vegetative cover. The vegetative cover, if feasible, shall be sufficient to lend
attractiveness to the land parcel, protection from the sun's rays, and suitability for a
variety of nature related recreation opportunities.
2.04.08. Size. The amount of dedicated or reserved land shall be in accordance with the
formula outlined in subsection 2.03. Ifthe formula, for any reason, is not applicable,
the minimum size requirement applies.
2.05. Where park or recreation space is deeded to a homeowners' association or any nonprofit ownership in
lieu of public dedication or fee payment, the subdivider or owner shall record a declaration of
covenants and restrictions that will govern the open space of the association or nonprofit organization.
This shall be submitted with the application for preliminary plat approval. Provisions shall include
but not be limited to the following:
7
32

2.05.01. The homeowners' association shall be established before the homes are sold.
2.05.02. Membership shall be mandatory for each home buyer and all successive buyer(s).
2.05.03. The association shall be responsible for the liability insurance, local taxes and the
maintenance of recreation and other facilities.
2.05.04. Any sums levied by this association that remain unpaid shall become a lien on the
individual homeowner's property which shall be subordinate only to tax and
mortgagee liens.
2.05.05. If all or any portion of property held by the association is being disposed, or if the
association is dissolved, adequate open space shall be deeded to the Town of Beaufort
to satisfy the requirements for public recreation facilities under this article.
2.06. Nothing herein shall be construed to limit the amount of privately controlled open space land which
may be included under this agreement, over and above the recreation and park site obligation.
2.07. Where reservation of land for parks, recreation, and open space is required, then additional
documentation is needed. At any time prior to the final approval of the subdivision plat, the owner
shall give the Town of Beaufort a valid option on the land provided for as a park, recreation or open
space area within the subdivision. This option shall be a separate agreement to be drawn by the
attorney of the Town of Beaufort at no cost to the owner. It may contain terms which are mutually
agreed to by the owner and the Town of Beaufort, but shall contain the following:
2.07.01. Legal description and plat map.
2.07.02. Provision for payment of $100.00 to owner upon execution ofthe option, which shall
be applied to the purchase price.
2.07.03. Provision that the owner shall sell the land at an agreed raw land value, which is the
fair market value, ofthe proposed park, recreation or open space area before platting
development or improvements.
2.07.04. Provision that the option shall last for a period of one year unless terminated by
exercise of the option to purchase by the governing unit or unless sooner terminated
by the Town of Beaufort by an instrument in writing.
2.07.05. Provision that, in addition to the stipulated purchase price if option is exercised, the
owner shall be entitled to interest on the purchase price from date of execution of
option until day of exercise of the option at eight percent per year.
2.08. Where land has been reserved for acquisition by the governmental unit, the purchase price ofthe land
will be the raw land value, which is the fair market value of the proposed park, recreation, or open
space area before development or improvements. In the event the governmental unit and the subdivider
cannot agree upon the fair market value, or location, terrain, size and shape of the land necessary to
be dedicated or reserved; or cannot agree upon the details or provisions for an equitable amount of land
in another location; same shall be determined by existing, established, legal procedures.
33

2.09. Notwithstanding provisions of this section to the contrary, the governing body may, in cases of an
unusual or exceptional nature, allow adjustments in the dedication or reservation regulations
established in and required by this ordinance. Such adjustments shall be reviewed by the parks and
recreation commission or advisory committee and/or the Planning Board before action by the
governing body.
2.10. A developer may provide funds in the amount of $10,000.00 per acre dedicated or market value,
whichever is less, as required in Section 2.03 to the Town of Beaufort whereby the Town may
purchase land or areas to serve the subdivision or development in the immediate area. If so approved
by the Town of Beaufort Board of Commissioners, this may be done in lieu of providing the land
requirement.
ARTICLE X. PLANNED RESIDENTIAL DEVELOPMENT,
GROUP DEVELOPMENT, AND CLUSTER DEVELOPMENT
Section 1. General.
Where topograph or other existing physical conditions are such that compliance with the requirements ofthis
ordinance would cause an unusual and unnecessary hardship on the subdivider above and beyond what other
subdividers would meet, the Board of Commissioners may vary the minimum requirements set forth herein,
provided that such variation will not have the effect of nullifying the interest and purpose ofthese regulations.
Where a variation is accepted, the reasons for such shall be noted in the minutes of the Planning Board and
Board of Commissioners.
Section 2. Exceptions for Planned Developments.
The purpose ofthis Article is to provide desirable open space in commonly owned areas, tree cover, recreation
area, scenic vistas, and variety in development by allowing certain variations in lot sizes and design
requirements, and the establishment of townhouses and condominiums. In no case shall the overall density of
dwelling units be greater than that permitted by the applicable zoning requirements. Subject to the approval
of the Board of Commissioners, the design standards as set forth in this ordinance may be modified by the
Planning Commission in the case of a plan and program for a planned development which may consist of
offices, institutions, stores, industries, townhouses, and residences or any desirable combination of these
establishments which meet the requirements ofthe Town ofBeaufortZoning Ordinance. Proposed ownership
ofplanned developments maybe by one individual, partnership, cooperation, cooperative, condominium or any
desirable combination. A preliminary and final plat of a planned development shall be submitted pursuant to
the provisions of this Article in conformity with the following:
2.01. CommonAreas. All planned developments shall contain commonly owned land equal in area to 20%
of the entire development. Common areas shall not be less than 2 acres in size and shall be held in
non-profit corporate ownership by the owners of lots within the development. In consideration ofthe
purposes served by a planned development, the title to such common areas or property shall be
preserved to the perpetual benefit ofthe private properties in the development and shall be restricted
against private ownership for any other purpose. If the corporation desires, improvements may be
made within common areas provided thatthe maximum coverage ofsuch improvement shall not exceed
25 percent of the entire common property. The developer shall submit and, after approval by the
Town of Beaufort, record a declaration of the covenants and restrictions that will govern the
ownership, management, and maintenance of the common areas.
E
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2.02. Density. Individual lot size may be varied, but the overall density of the planned development shall
not exceed that permitted by the applicable zoning requirements. All remaining land not shown as lots
' shall be designated as common areas.
2.03. North Carolina Unit Ownership Act. Before a declaration establishing a condominium or unit
' ownership development may be recorded the declaration and plan shall be approved by the Planning
Board and the Board of Commissioners as a preliminary and final plat.
2.04. Site Plan. Site plans for all planned development shall show the location of the buildings, streets,
alleys, walks, parking areas, recreation areas, tree covers and planting. The site plan shall number and
show the dimensions of all building sites and all streets and utility easements to be dedicated to the
public. All areas on the site plan other than public streets, easements or private building sites shall
be shown and designed as common areas.
1 2.05. Landscape Plan. A landscape plan for all planned development shall show all existing and proposed
plant material. The plan shall indicate the size and type ofexisting plant material and the size and type
of plants to be planted.
' 2.06. Public Access, Easements and Private Party Walls. Building lots may abut or be provided with
frontage on common areas, properly restricted through a property owners association to assure
' adequate access, if in the opinion of the Town of Beaufort a public street is within an acceptable
distance and would allow adequate community services. Easements over the common areas for access,
ingress, and egress from and to public streets and walkways and easements for enjoyment of the
' common areas, as well as for parking, shall be granted to each owner ofa residential site. All common
walls between individual residences shall be party walls and provisions for the maintenance thereof
and restoration in the event of destruction or damage shall be established.
' 2.07. Utilities andlmprovementsRequired. All planned developments shall include public water and sewer
utilities, sidewalks, paved streets and parking areas with curb and gutter, underground electric and
telephone service, landscaping and any other improvements considered necessary by the Board of
Commissioners.
2.08. Residential Cluster Developments. In addition to the design and development requirements for
residential cluster developments within the R-5 Zone of the Town of Beaufort Zoning Ordinance, as
well as the applicable provisions ofthis Article X, the following specific provisions shall be applicable
to residential cluster development:
' 2.08.01. All roads and streets shall be private and so designated on the preliminary and final
plats. Provided, the Developer may designate the streets as public if the streets and
' roads are designed and built in accordance with Section 9, Article VIII of the
Subdivision Ordinance. The Homeowners' Association documents, plats and
Covenants and Restrictions for the site as recorded in the Register of Deeds shall
' indicate that the streets are private and that total responsibility for maintenance ofthe
same shall be the responsibility of the property owners and/or Homeowners'
Association members within the development.
2.08.02. Ingress and Egress to a residential cluster development shall meet the following
requirements:
1
35

(1) Streets or roads with two travel lanes shall have a minimum right-of-way
width of 40 feet and be designed and constructed to the requirements of
Section 9.08 of this Subdivision Ordinance;
(2) Every internal road or street containing one lane shall have a minimum right-
of-way width of 25 feet to be constructed and paved in accordance with
Section 9.08 of this Ordinance;
(3) All internal roads or streets and parking areas shall be paved;
(4) Rear access lanes for resident garage accesses shall have a minimum right-
of-way width of 12 feet and improved with a surface material acceptable to
the town;
2.08.03. Residential cluster developments are being encouraged to retain flexibilitywith regard
to design to take the greatest advantage of natural land, water and other
environmental and historical features, as well as to allow the Developer freedom to
submit plans embodying a creative approach to the use of lands in order to enhance
the visual character of the development and to create a village or neighborhood
concept, all provisions of Article X in conflict with these specific cluster
Development provisions shall be inapplicable. The Planning Board shall have the
authority to grant variances to any of the requirements ofthis subdivision ordinance
as applicable to residential cluster development when in the opinion ofthe Planning
Board the overall preliminary and final plans as a result of granting the variance
would be enhanced.
2.09. Group Housing and Other Special Developments.
2.09.01. Definition. For the purposes of this section, "group housing and special
developments" shall include apartments, condominiums, townhouses, and planned
unit developments. These terms shall have those definitions set forth in Section 2
Article V.
2.09.02. Procedure for approval. Both preliminary and final plats and other documents
required by this article shall be submitted for approval to the Planning Board and the
Board of Commissioners in the same manner as preliminary and final subdivision
plats. The application for preliminary and final approval of the group development
shall contain the information and documents required herein and as required in the
Zoning Ordinance of Beaufort in addition to the information required on preliminary
and final subdivision plats, except as varied herein. The same procedure for
preliminary and final approval of subdivision plats as set forth in Sections 2, 3, and
4 in Article VIII shall be applicable to preliminary and final approval of group
housing plats, except as varied herein. Once final approval has been given by the
Board of Commissioners, all final plats shall be recorded in the office of the county
register of deeds.
2.09.03. Design and construction standards for group housing projects. All group housing '
projects shall be developed according to the following specifications and standards:
(1) The overall density of each project shall be in conformance to the Town of ,
Beaufort Zoning Ordinance as amended,
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(2) The minimum lot width which may be subdivided for each individual
townhouse shall be 16 feet minimum lot width increase, the maximum
density allowed in the zoning ordinance.
(3) Each townhouse shall front on a public street or commonly owned street or
area.
(4) The minimum width for each townhouse or condominium unit shall be 16
feet.
(5) Each buildingon the periphery ofa group housing development shall comply
with the minimum yard requirements ofthe zoning ordinance forthe district
in which the project is located. A screen of dense plant material which will
grow at least three (3) feet in width by six (6) feet in height within three (3)
years shall be required, or a screen fence a minimum of six (6) feet in height
and constructed in a manner that will be compatible with the design of the
project shall be provided along the perimeter of the project.
(6) Every facade of every residential building within a group housing
development shall have a yard space in the shape of an isosceles triangle
having as its base a line connecting the extreme ends of the facade and
having as its altitude the length of the base line multiplied by a building
height factor from the table set forth hereafter. In no case shall the triangle
altitude be less than 15 feet. Each projection from a main facade of 25 feet
or more shall constitute a new facade and new triangles will be constructed
in the same manner as above using a baseline connecting the extreme ends
of the projection and the extreme ends of the main facade. The yard space
thus established for each building according to the methods set forth may not
overlap the yard space for any other building or extend into any adjacent
property or street right-of-way. The triangles may extend across parking lots
within the project. In no case shall any part of a building be located closer
than 20 feet to any part of another building. The following table is to be
used for determining the building height factor to be used in order to
determine the required yard space above:
0.3
2
0.4
3
0.5
4 and 5
0.6
6 and 7
0.7
8 and 9
0.8
10 and above
0.9
The Planning Board may recommend a variance by allowing a triangle
overlap of up to twenty percent (20%) of a triangle area. This variance may
not allow a triangle to extend beyond the boundaries of the project or into
any dedicated public street right-of-way.
37

(7)
For all projects containing more than eight (8) units, all parking lots, drives,
'
streets, and roads within the group housing development shall be paved and
constructed in accordance with the construction standards for paved
subdivision public streets within the town.
'
(8)
Any lighting provided within the group housing project shall be so located or
shielded so that no offensive glare will be visible from an adjoining street or
property.
'
(9)
Group housing projects containing more than 50 units and utilizing a single
(10)
access shall have a minimum street or drive width of 28 feet.
All group housing developments containing more than 100 units shall have
,
a minimum of two (2) accesses, each having a minimum width of 28 feet.
(11)
Parking shall be prohibited within the access streets or roads.
(12)
Parking for each group housing development shall meet the parking
'
requirements in the zoning ordinance. Each space shall contain a minimum
of 200 square feet and be permanently marked by painting or other
designation on a paved parking lot. All spaces shall be shown on the site
,
plan. Enclosed garages or carports within the group housing development
shall be counted as a part of the parking requirement.
(13)
Recreational areas shall be provided for all group housing projects in
,
accordance with the town zoning ordinance. A minimum recreation area of
2,000 square feet, having a minimum width of 40 feet or a minimum radius
of 26 feet shall be provided for the first nine (9) to 25 dwelling units within
'
the project. For each dwelling unit over 25 units in number, an additional 60
feet per dwelling unit shall be provided. The Planning Board shall review the
spatial distribution and number of recreational areas based upon the spatial
'
arrangement of dwelling units, topography, and other physical features.
Swimming pools and their accessory areas shall not be counted as a part of
the recreational area requirement. No part of the required recreation area
'
shall be used for any other purpose.
(14)
Swimming pools, if provided, shall be not less than 10 feet from the project
boundary and shall have a fence having minimum height of four (4) feet
'
completely enclosing the pool area together with a gate that can be securely
closed. All swimming pools shall be reasonably accessible to emergency
equipment and vehicles. Any lighting in the pool area shall be shielded in
such a mannerthat no offensive glare will be visible from an adjoining street
'
or property.
(15)
Signs identifying the group housing development or located within the group
housing development shall be constructed and installed in a manner
'
compatible with the design of the project. Any lighting used in conjunction
with signs shall be shielded in such a manner that no offensive glare will be
visible from the adjoining street or property.
,
(16)
Adequate space shall be provided within the project area for the collection
of garbage and other refuse, and all dumpsters and equipment used for
garbage collection shall be screened from public view.
'
(17)
Each building within a group housing development shall be located within
350 feet of a fire hydrant. All hydrants shall be located adjacent to a paved
street, road, or parking lot suitable for the transportation of fire -fighting
'
vehicles and equipment. A suitable and readily accessible drive or passage
shall be provided so that fire -fighting vehicles will have the capability of
38

17�
getting within 50 feet of all dwelling units within the group housing
development.
(18) If buildings within the group housing development have standpipes or
sprinkler systems, one fire hydrant shall be located within 75 feet of each
standpipe or sprinkler system.
(19) All hydrants shall be connected to a six (6) inch or larger water main.
Easements shall be provided from the hydrant to the street connection along
the water main so that the line and hydrant can be maintained by a public
agency.
(20) In the event a dead-end street, road, drive, or parking lot exceeds 200 feet in
length, a pave turnaround for fire -fighting equipment and vehicles,
emergency vehicles, and service vehicles shall be provided having aminimum
interior turning radius of28 feet. This provision maybe omitted where such
a turnaround is determined by the town board to be neither desirable nor
necessary.
(21) The maximum length of group development buildings shall be 256 feet.
(22) Maintenance buildings shall not be connected to any residential buildings,
and shall be constructed in such a manner that they will be compatible with
the design of the project.
(23) A screen of dense plant material which will grow to a width at least three (3)
feet and a height of at least six (6) feet within three (3) years from the date
of planting shall be provided, or in lieu thereof, a screen fence six (6) feet in
height constructed in a manner that is compatible with the design of the
project shall be provided, along the perimeter of each project.
(24) All group development projects ofmore than three (3) units shall be designed
by a professional engineer or architect.
2.09.04. Additional requirements or preliminary plat. The application for preliminary
approval and the preliminary plat as submitted to the Planning Board and the town
board shall contain the following information on one or more sheets, and shall comply
with the following requirements:
(1) General Information:
(a) Name of development;
(b) Name of owner and developer;
(c) Name of land planner, architect, engineer, or surveyor;
(d) Scale of map which shall not be more than 100 feet to an inch;
(e) Date of preliminary plan.
(2) A vicinity map showing all roads in the general area of the proposed group
housing development, and also showing the relationship ofthe group housing
project site to major roads in the area.
(3) The dimensions and bearings of all exterior property lines shall be shown on
the preliminary plat.
(4) Land contours with vertical intervals of not more than two (2) feet shall be
provided for all projects and shall be shown either on the preliminary plat or
on a topographic survey which accompanies the preliminary plat. In the
event a topographic survey is submitted with the preliminary plan, it shall be
drawn to the same scale as the preliminary plan and shall show land contours
with vertical intervals of not more than two (2) feet.
39

(5) The preliminary plan shall show all roads within the group housing project
area to include access roads and adjacent roads to the project area.
(6) The preliminary plan shall also indicate and show surface water drainage
plans and methods.
(7) The preliminary plan shall show and specifically locate all structures and
buildings within the project site to include both present and proposed
structures and buildings. The dimensions of the buildings and structures
shall be shown in detail.
(8) All recreational and open spaces both existing and proposed shall be
indicated in detail, and all structures, uses and buildings both existing and
proposed within the recreation and open spaces shall be indicated in detail.
(9) The preliminary plat shall be accompanied by detailed plans ofthe developer
concerning the method of surfacing roads and parking areas.
(10) The preliminary plan shall indicate in detail the location and intensity ofarea
lights in the general plan of the electrical system for the proposed area.
(11) The preliminary plan shall indicate the source of water and the distribution
system for the source of water. In the event the water system requires
approval by state or federal agencies, then plans jurisdiction over the system
must be approved. If the water distribution system requires approval from
the county health department, then the approval of the county health
department must accompany the preliminary plans.
(12) Sanitary sewage system. If a sewage collection disposal system is used,
plans and specifications approved by state or federal agencies must be
submitted. Ifthe public sewage system is not required and the system comes
under the jurisdiction of the county health department, then their approval
must accompany the preliminary plans.
(13) The preliminary plans shall indicate bodies ofwater, marshes, woodedareas,
rivers, creeks, and other natural condition which may affect development
within the project site and approval of the Planning Board and Board of
Commissioners.
(14) The preliminary plat shall indicate all adjoining property owners.
(15) The preliminary plan shall indicate the graphic scale with a north arrow.
(16) The preliminary plan shall indicate in detail the site data as follows:
(a) Total acreage in the project;
(b) Type of group housing project units to be approved;
(c) Number of one (I) -bedroom, two (2)-bedroom, three (3)-bedroom,
and four (4)-bedroom group housing project units;
(d) Maximum project area covered by the group housing project;
(e) Minimum front, rear, and side yards for each unit within the group
housing project;
(f) Minimum distance between principal buildings;
(g) Height of each building;
(h) Parking area and parking spaces for the project;
(i) If the group housing project proposes townhouses, row houses, or
other attached single-family dwellings otherthan condominiums, the
size of each lot shall be shown and the location of the unit on each
lot shall be indicated. The minimum lot width and side, rear, and
front yards of each unit shall be indicated in detail.
40

(17)
The preliminary plat shall also indicate the height above sea level for the
P g
project site, and shall indicate whether or not any ofthe project area is within
'
an area of environmental concern as defined under the Coastal Area
Management Act.
(18)
Construction standards. All utilities, including street construction, shall
'
conform to the construction standards ofthe town. The widths and right-of-
ways of streets shall meet the minimum standards for streets within the town,
as contained in Article VIII of this ordinance. The dedication ofstreets to the
'
public shall not be required, but the streets shall be designed and constructed
meeting the minimum standards ofthe town in the event offuture dedication
of the streets to the town or the state Department of Transportation.
'
(19)
The declaration of unit ownership, by-laws, restrictions, or covenants shall
contain information as to whom shall be responsible for payment of
premiums for liability insurance, local taxes, maintenance of recreational
'
facilities, parking lots, streets and drives, and other common areas,
assessments, maintenance and repair expenses, and similar costs.
(20)
The plans for final approval shall be accompanied by the following
'
documents:
(a) Documents creating the Homeowners Association.
(b) The proposed annual budget for the association including monthly
assessments.
'
(c) A proposed ten (10) year income and expense budget reflecting the
establishment of a sinking fund for capital replacement.
(d) A copy of the proposed declaration of unit ownership and the
'
proposed by-laws meeting the requirements of Chapter 47A of the
North Carolina General Statutes, in the event condominiums are
involved in the group housing development.
'
(e) In the event the proposed group housing development is to consist
of townhouses, row houses, and other attached single family
dwellings other than condominiums, a copy of the proposed
'
restrictions, covenants, and easements shall be provided.
' 2.10. Planned Unit Developments.
2.10.01. Townhouses, condominiums, and detached single-family dwellings, orcombinations
thereof, may be allowed within planned unit developments. However, planned unit
developments shall be subject to al I applicable ordinances ofthe Town of Beaufort
concerning their development, construction and use, and shall be a special use in the
R-8 zone only.
2.10.02. Design and construction requirements. The design, construction, and development
of the planned unit development shall comply with the design and construction
requirements of Article VIII of the Town of Beaufort subdivision ordinance as
applicable, and all single-family detached dwellings shall meetthe requirements ofthe
Town of Beaufort subdivision ordinance and the Beaufort zoning ordinance, as
' applicable. Additionally, every parcel of land within a planned unit development to
be sold shall front on either a public street or a common area to be owned either by
the homeowners' association or the condominium unit owners in the case of a
' condominium project pursuant to chapter 47C of the North Carolina General
Statutes.
' 41

2.10.03. Application for preliminary and final approval. The procedure for preliminary and
final approval by the Beaufort Planning Board and Beaufort Board of
Commissioners, as described in the Town ofBeaufort subdivision ordinance, shall be
applicable to planned unit developments also. The preliminary application and
preliminary plats shall meet the requirements of Article VIII, and, in addition, the
following documents shall be submitted to the town attorney and town Board of
Commissioners simultaneously with the final plat:
(1) Documents creating the homeowners' association. The documents creating
the homeowners' association shall provide for control by the property owners
other than the developer at such time as over 50 percent ofthe dwelling units
within the project have been sold.
(2) A proposed annual budget for the association including monthly assessments.
Their proposed monthly assessments shall be in such amount as to insure
success of the association.
(3) Proposed ten-year income and expense budget reflecting the establishment
of a sinking fund for capital replacement.
(4) A copy of the proposed declaration of unit ownership and the proposed
bylaws meeting the requirements of chapter 47C of the North Carolina
General Statutes, in the event condominiums are involved in the group
housing development.
(5) In the event the proposed group housing development is to consist of
townhouses, rowhouses, and other attached single-family dwellings other
than condominiums, a copy of the proposed restrictions, covenants and
easements shall be provided.
2.10.04. General description and purpose. Planned unit developments are planned residential
developments in which the principal use of land within a development is for both
attached and detached single-family dwellings and/or condominiums, townhouses, and
other multi -family dwellings. A planned unit development is an alternative procedure
for development which maybe utilized by owners and developers with regard to the
development ofany parcel of land in those districts where planned unit developments
are permitted or special uses. The purposes of a planned unit development is as
follows:
(1) To provide for an accumulation of large areas of open space for recreation
and preservation of natural amenities.
(2) To provide flexibility in design to take the greatest advantage of natural land,
water, trees, and environmental and historical features.
(3) To provide for the creation of compatible neighborhood arrangements that
give the home buyer greater choice in selecting his living arrangement.
(4) To provide sufficient freedom for the developer to submit plans that embody
a creative approach to the use of lands and related physical development, as
well as utilizing innovative techniques to enhance the visual character ofthe
development.
(5) To provide for the efficient use of land which may result in smaller street and
utility networks, better maintenance and upkeep ofsewage disposal systems,
and reduced development and maintenance costs.
(6) To establish criteria for the inclusion of compatible or associated uses to
complement the residential area within the planned unit development.
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7 To sim lifY the procedures forobtaining approval
al of proposed development
through expeditious review of proposed land use, site layout, public needs,
'
and health and safety factors.
(8) To minimize expenditures of public funds for services and maintenance of
'
streets, roads, central sewage systems, and similar utilities, and to promote
the efficient investment of community resources.
2.10.05. Location. Planned unit developments may be permitted by special use application
' and approval only in the R-8 residential zone. Single-family dwellings, townhouses,
condominiums, multi -family dwellings ofcombinations thereof, may be located within
a planned unit development; provided that nothing herein shall permit or allow within
a residential 8 (R-8) zone any uses other than residential single-family detached and
multi -family dwellings.
'
2.10.06. Design and construction requirements. The design, construction, and development
of planned unit developments shall comply with the design and construction
requirements of Article VIII and other applicable provisions of the subdivision and
'
the zoning ordinances of the Town of Beaufort, except as may be modified herein.
2.10.07. Minimum area. Subject to the provisions set forth herein, all planned unit .
'
developments shall contain a minimum of one contiguous acre.
2.10.08. Project density. The overall density of each planned development shall be in
conformance to the requirements of the Town of Beaufort zoning ordinance which
would limit the number of residential dwellings to no more than 12 units per acre
regardless of the minimum lot area required per dwelling or unit herein. Specific
density requirements for single-family and multi -family dwellings are as follows:
(1) Single-family dwellings such as cluster homes, patio homes, etc. — Minimum
lot area of 8,000 square feet for each lot.
'
(2) Multi -family dwellings— Minimum lotarea forthe firsttwo units orthe first
two-family dwelling shall be 11,000 square feet. Each additional unit above
two shall require a minimum lot area of 3,000 square feet per unit.
2.10.09. Open space. Each planned development shall contain open space in the following
percentages of the overall area ofthe planned residential development which shall be
'
computed based upon the number ofdwellings per gross acre ofplanned development
as follows:
'
Number of Dwelling Units Required Percentage of Open Space
4 units or less 20%
'
S to 8 units 21% to 30%
9 units or more 31% to 45%
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2.10.10
Open space is defined as that land designated on the plat as being for the use, benefit,
'
and enjoyment ofthe residents ofthe planned unit development. The open space shall
be set aside for the use, benefit, and enjoyment of all residents of the planned unit
development, and shall either be dedicated to the private use of the residents of the
'
planned unit development or conveyed to the owners' association or similar residents'
association for ownership, use, and management. Land which is restricted in any way
be for
so as to the use, benefit, or enjoyment of a select group within the planned unit
'
development shall not qualify as open space.
To qualify as open space, land shall have a minimum width of24 feet excluding street '
rights -of -way, drives, parking areas or structures other than recreational structures.
Street rights -of -way, drives, parking areas, and central water and sewer systems may
qualify as open space and be counted towards the percentage of open space required '
for each development; provided that the street rights -of -way, drives, parking areas,
and water and central sewage systems shall not comprise more than 33-1/3 percent
ofthe required open spaces for each development, unless the percentage is varied or ,
waived by the town board upon recommendation by the Planning Board.
Dimension requirements.
,
(1) Each detached single-family structure shall contain a minimum of 750 square
feet of heated living space.
(2) Lot width. Minimum lot width for detached single-family dwellings at front
,
setback line shall be 60 feet.'
(3) Peripheral boundary setback. A 15-foot setback shall be required along all
peripheral boundaries of a planned residential development. A building,
'
whether it is a principal or accessory building, shall not encroach upon this
required setback distance.
(4) Side or rear setbacks for single-family detached dwellings. A zero side or
'
rear yard setback where the side or rear building is on the side or rear lot
line, maybe permitted on one side or rear ofeach lot, subject to the following
provisions:
(a) Any wall constructed on the side or rear lot line shall be a solid
windowless wall. If there is an offset of the wall from the lot line,
such offset shall be the applicable setback distance, as required by
'
the Town of Beaufort zoning ordinance.
(b) The minimum building separation between the sides of adjacent
dwellings shall be 16 feet. This 16-foot area shall be subject to all
the requirements and conditions of the Town of Beaufort zoning
'
ordinance normally applied to side or rearyards for buildings within
the zoning district in which the property is located.
(c) A five-foot maintenance easement with a maximum eave
,
encroachment easement oftwo feet within the maintenance easement
shall be established in the deed restrictions and covenants of the
adjoining lots, and shall assure ready access to the lot line wall at
,
reasonable periods of the day for normal maintenance.
(d) Preliminary and final site development plans shall indicate the
proposed location and configuration of dwellings, driveways, and
'
parking arrangements for each lot. In addition, a draft of proposed
encroachment and maintenance easement shall be submitted for
review and approval.
'
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(e) All remaining yards shall have a minimum of eight -foot side
setback, 25-foot front building setback, and 30-foot rear setback.
(5) Water supply and sewage service. Central water supply and central sewer
service connection to Town of Beaufort public utilities shall be required for
all units, and the same shall be approved, constructed, completed, and
maintained in accordance with the requirements of the Town of Beaufort and
the State of North Carolina.
(6) Roads. All rights -of -way and streets within a PUD shall meet the minimum
design standards of the Town of Beaufort subdivision ordinance unless the
Planning Board approves a different width or dimension for one or more
private roads proposed within the PUD which are adequate for the placement
of all utilities and afford reasonable access to properties within the PUD.
(7) Primary vehicular access. Primary vehicular access to the planned
residential development shall be from a public street.
(8) Building height. Maximum height of all buildings shall not exceed the
limitations for the district in which the planned residential development is
located.
(9) Preliminary and final review procedures and approvals. The procedure for
both preliminary and final approval by the Planning Board and the Beaufort
Board of Commissioners, as described in Article VIII of the Town of
Beaufort subdivision ordinance, shall also be applicable to planned unit
developments. The preliminary and final plats and documents shall meetthe
requirements of the Town of Beaufort subdivision ordinance, as applicable,
and in addition thereto, the following additional information and documents
shall be submitted to the town Planning Board and town Board of
Commissioners simultaneously with the final plat.
(10) Documents creating the homeowners' association. The documents creating
the homeowners' association shall provide for control by the property owners
other than developer at such time as over 50 percent of the dwelling units
within the project have been sold. A proposed ten-year income and expense
budget reflecting the establishment ofa sinking funds for capital replacement
is submitted. A copy of the proposed declaration of unit ownership and the
proposed bylaws meeting the requirements of chapter 47C of the General
Statutes, in the event condominiums are involved in the planned unit
development. In the event the proposed planned unit development is to
consist of townhouses, rowhouses, or other attached single-family dwellings
otherthan condominiums, a copy ofthe proposed restrictions, covenants and
easements shall be provided. The proposed annual budget for the
homeowners' association shall also be included.
2.11. Commercial and business condominiums. Condominiums and townhouses designed, developed, and
constructed primarily for business and/or commercial use shall be subject to the following
requirements in addition to any other terms and conditions set forth herein and in the Town ofBeaufort
zoning ordinance.
2.11.01. Procedure for approval. The procedure for preliminary and final approval by the
Town of Beaufort Planning Board and the Town of Beaufort Board of
Commissioners, as detailed in Article VIII of the Town of Beaufort subdivision
ordinance shall be applicable to business and commercial condominiums. The
preliminary application and preliminary plats shall meet the requirements ofArticle
VIII, as applicable, and in addition thereto the following additional information and
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2.11.02
documents shall be submitted to the Beaufort Planning Board and Beaufort Board of
Commissioners prior to final approval for approval by the Beaufort Planning Board
and BeaufortBoard ofCommissioners, and said information and documents shall be
submitted simultaneously with the final plats:
(1) Documents creating the condominium owners' association. Thedocuments
creating the association shall provide for control by the property owners
other than the developer at such time as over 50 percent ofthe condominium
units within the project have been sold.
(2) Proposed annual budget for the association including monthly assessments.
The proposed monthly assessments shall be in such amounts as to insure
success of the association.
(3) A proposed ten-year income and expense budget reflecting the establishment
of a sinking fund for capital replacement.
(4) A copy of the proposed declaration of unit ownership and proposed bylaws
meeting the requirements of chapter 47C of the North Carolina General
Statutes.
(5) In the event the project is to consist of townhouses or other structures other
than condominiums, a copy of the proposed restrictions, covenants, and
assessments shall also be provided.
Once final approval has been given by the Beaufort Board of Commissioners, all final
plats shall be recorded in the Office of the Carteret County Register of Deeds.
Design and construction standards. All business and commercial condominiums shall
be developed according to the following specifications and standards:
(1) The business or commercial condominiums shall only be permitted in the
B-1, B-2, B-3, and office and institutional zoning districts.
(2) There shall be no minimum lot area or lot width.
(3) Each condominium unit or townhouse shall front on a public street or
commonly owned street or area.
(4) Each building on the perimeter of the business condominium development
shall comply with the minimum yard requirements ofthe Town of Beaufort
zoning ordinance for the district in which the property is located. The unit
setbacks shall be those required of buildings on individual lots in the zoning
district in which the building is located. All buildings with the exception of
the end units may have zero side yards.
(5) All parking lots, drives, streets, and roads within the project shall be paved
and constructed in accordance with the construction standards for paved
subdivision public streets within the Town of Beaufort.
(6) Lighting provided within the condominium project shall be so located or
shielded so that no offensive glare shall be visible from adjoining streets or
properties.
(7) Parking for each condominium or townhouse development shall meet the
parking requirements in the Town of Beaufort zoning ordinance. The
required parking spaces may be developed on any portion ofthe project site
except for access streets or roads on which parking shall be prohibited. Off-
street parking spaces shall not be required to be located on each individual
lot or adjoining each individual condominium unit, butthe off-street parking
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spaces may be located in other areas within the project and shall be shown
on the site plan.
(8)
A screen of dense plant material which will grow at least three feet in width
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by six feet in height within three years shall be required, or a screen fence a
minimum of six feet in height and constructed in a manner that will be
compatible with the design ofthe project shall be provided where the project
abuts a residential lot.
(9)
Driveways connecting to an access road shall have a minimum width of 14
feet for one-way travel and 24 feet for two-way travel. The onsite traffic
circulation plan shall be functional and shall provide access by emergency
vehicles to all portions of the proposed development.
(10)
All areas of the project other than the streets and the condominium units
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which are to serve as common areas for one or more units shall be shown and
designated as such on the preliminary and final plats, and the declaration of
condominium and/or covenants and restrictions shall describe each common
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area and indicate the uses of the common areas and the method of
maintenance of the same.
(11)
Signs shall only be permitted for the project and each unit which shall meet
the terms and conditions for signs as contained in the Town of Beaufort
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zoning ordinance.
(12)
Adequate space shall be provided within the project areas for the collection
ofgarbage, trash and other refuse, and all dumpsters and equipment used for
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garbage collection shall be screened from public view.
(13)
Each building within the project shall be located within 300 feet of a fire
hydrant. All hydrants shall be located adjacent to a paved street, road or
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parking lot suitable for the transportation or firefighting vehicles and
equipment. A suitable and readily accessible drive or passage shall be
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provided so that firefighting vehicles will have the capability of getting
within 50 feet of all units within the project.
(14)
If buildings have standpipes and sprinkler systems, one hydrant shall be
located within 75 feet of each standpipe and sprinkler system connection.
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(15)
The exterior walls of unattached buildings shall be located no closer than a
distance equal to the height of the taller building.
(16)
Any courtyard created by the placement of buildings shall have at least 25
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percent of its perimeter open for access by emergency vehicles.
(17)
All hydrants shall be connected to a six-inch or larger water main.
(18)
In the event a dead end street, road, drive, or parking lot exceeds 200 feet in
length, a paved turnaround for firefighting equipment and vehicles,
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emergency vehicles, and service vehicles shall be provided, having a
minimum interior turning radius of 28 feet. This provision may be omitted
where such a turnaround is determined by the town board to be neither
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desirable or necessary.
t 2.12. Development Near Town Waste Treatment Plant. Areas and lands that are located within 150 feet
of the Town of Beaufort's sewage treatment plant property located off State Road 1412 shall not be
subdivided into commercial or residential building sites unless the subdivider presents the written
opinion and certification from the North Carolina State Board of Health, North Carolina Division of
Environmental Management, or similar state agency, which certifies that said areas in close proximity
to the sewage treatment plant are suitable and safe for human habitation and use. Said areas may be
used as open space, roads, recreational areas, and similar uses which do not constitute a health hazard
' to persons in close proximity to the sewage treatment plant.
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